Both the Law “On Pledge” and the Civil Code divide the pledge of things into pledge of movable and immovable property (mortgage).

The main purpose of a mortgage is to secure issued loans with real estate as collateral (mortgage lending).

The Civil Code recognizes a mortgage as a pledge of land, buildings, structures, apartments and other real estate (clause 2 of Article 334 of the Civil Code). By virtue of Art. 130 Civil Code and Art. 5 of the Law “On Mortgage (Pledge of Real Estate)”, real estate includes land plots, subsoil plots, isolated water bodies and everything that is firmly connected to the land (i.e. objects whose movement without disproportionate damage to their purpose is impossible, including, in in particular, forests, perennial plantings, buildings, structures, as well as aircraft and sea vessels, inland navigation vessels, and space objects subject to state registration). At the same time, the special law provides for the possibility of classifying any other property as immovable property.

Thus, only real estate can be the subject of a mortgage. At the same time, the Law on Mortgage makes an exception from this rule, providing for the prohibition of mortgages of subsoil plots, specially protected natural areas, other real estate withdrawn from circulation, property that cannot be foreclosed on in accordance with the Law, multi-apartment and individual residential buildings and apartments in state or municipal ownership (clause 2 of Article 74 of the Law), as well as property in respect of which mandatory privatization is provided for in the manner established by the Federal Law or the privatization of which is prohibited (clause 2 of Article 6 of the Law). This list also includes part of the real estate, the division of which is impossible without changing its purpose (indivisible thing) (clause 4 of article 5 of the Law). However, such a restriction does not apply to apartments in multi-apartment residential buildings (Article 75 of the Law).

Two more requirements for the subject of the mortgage are that it must, firstly, belong to the mortgagor by right of ownership or by the right of economic management (clause 1 of Article 6 of the Law) and, secondly, the rights to it must be registered in the manner established by the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.”

Thus, a mortgage can be established on any real estate (with the exception of exceptions established by the Law in relation to certain categories of real estate), which the mortgagor has the right to sell or otherwise alienate, and the mortgagor can be either the debtor under the main obligation or a third party.

The property transferred under the mortgage agreement remains in the possession and use of the mortgagor (Clause 1, Article 1 of the Law). This rule corresponds to paragraph 1 of Art. 338 of the Civil Code, which classifies a mortgage as collateral without transferring the pledged property to the mortgagee.

A person who has mortgaged his property is limited in the right to dispose of this property. According to paragraph 1 of Art. 37 of the Law on Mortgage, property pledged under a mortgage agreement may be alienated by the mortgagor to another person only with the consent of the mortgagee, unless otherwise provided by the mortgage agreement.

A mortgage ensures payment to the mortgagee of the debt under the obligation secured by it in full or in part as provided for in 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).

In addition, unless otherwise provided by the agreement, the mortgage 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) to reimburse expenses for the sale of the pledged property;

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

4) in the form of interest for the unlawful use of someone else’s money, provided for by the mortgage obligation or Federal Law.

The Mortgage Law introduced a new type of securities into civil circulation - mortgages. By introducing this security, an attempt is made to integrate the real estate market and the securities market. A mortgage cannot replace a pledge agreement; however, if it exists, rights under the pledge agreement can only be transferred by transferring rights under the mortgage.

As follows from paragraph 2 of Art. 13 of the Mortgage Law, a mortgage is a non-issue, registered security certifying the following rights of its legal owner:

the right to receive performance under a monetary obligation secured by a mortgage, without providing other evidence of the existence of this obligation;

right of lien on property encumbered with a mortgage.

The transfer of rights under a mortgage is accomplished by concluding a transaction in simple written form. Moreover, it entails the consequences of assignment of claims (cession).

A mortgage secures the mortgagee's claims to the extent that they are at the time of their satisfaction at the expense of the pledged property, unless otherwise provided by the agreement. The obligations of the debtor to the mortgagee in the part exceeding the total fixed amount of the mortgagee's claims, secured by it, specified in the mortgage agreement, are not considered secured by the mortgage, with the exception of claims based on: compensation of legal costs and other expenses caused by the foreclosure of the pledged property; reimbursement of expenses for the sale of pledged property (Article 3 of the Law).

The law provides that a mortgage can also cover other additional expenses of the mortgagee (costs of maintaining and (or) protecting the pledged property, repaying the mortgagor’s debt on taxes, fees or utility bills associated with this property).

, registration of pledge

The concept of collateral, legislative issues

The pledge represents one of the forms of protection of the creditor in relations with the debtor, which provides guarantees of compensation for losses that may arise, if the debtor fails to fulfill his obligations .

A pledge agreement is always considered additional, i.e. its existence is directly dependent on the underlying agreement between the parties. For example, one party undertakes to return the borrowed money, and the second has the right to make up for possible losses at the expense of certain property.

Bail legislation can be described as confusing. On the one side there is a law setting bail rules. in particular mortgages or pledges of real estate. On the other hand, there is a law adopted later, which is considered special.

A special law takes precedence over others in the matter of which of them to apply. At the same time, there are provisions that are not in the mortgage law, but they are in the pledge law. That's why mortgage law rules fill gaps in mortgage law .

Real estate pledge agreement

A real estate pledge agreement must meet a number of rules, otherwise it legal validity may be challenged. and the deal may be invalid.

A real estate mortgage agreement must be notarized, failure to comply with this condition makes the transaction void .

The agreement must describe in detail the item that is being mortgaged.. The description must be detailed to such an extent that it is impossible to confuse them. The name is indicated in accordance with the documents for the property, the address of the location of the property.

The agreement must indicate the valuation of the property, the rights and obligations that the parties have under this agreement. The assessment can be established by agreement of the parties, but an appraiser can also be involved, in some cases his participation is mandatory. For example, assessment carried out before transactions with state and municipal property .

Separate item the transaction by virtue of which the mortgage arose must be indicated and described. For example, a loan agreement. its conditions, deadlines for implementation, and the amount issued under this agreement are described.

In the document it is necessary to indicate the grounds for ownership of the property by the mortgagor. mortgaged. This also applies to property that the mortgagor has on a leasehold basis, and when the leasehold rights are transferred into a mortgage.

In the case of a mortgage of leasehold rights to an enterprise, the consent of the person holding the ownership rights to the enterprise is also required.

The agreement may provide for the possibility of foreclosure on property without trial. Those. through a notary's writ of execution. Methods for recovering property may be provided. These methods can be prescribed both for the court and in case of extrajudicial recovery .

Enterprise mortgage has its own characteristics :

• A mortgage applies to an enterprise as a complex of rights to real estate, working capital, valuables, fixed assets;
• In case of violation of obligations under the agreement, the creditor has the right to introduce its representatives into the management of the enterprise to restore its solvency, and to limit the use of the enterprise’s property, in particular manufactured products.

Registration of real estate pledge

The real estate pledge agreement must it is necessary to go through the procedures of state registration of the transaction. The registrar checks the correctness of the document. Violation of legal rules gives the registrar the right to refuse registration.

Lack of registration makes the transaction void. In any case, until registration is carried out, the transaction will not be valid.

Court decision on the obligation to register a real estate pledge agreement No. 02-0324/2016

IN THE NAME OF THE RUSSIAN FEDERATION

June 23, 2016 Nikulinsky District Court of Moscow composed of Judge I.V. Yudina, under secretary K.A. Mishchenko, having considered in open court civil case No. 2-324/16 on the claim of Marutyan M.M. to Rassvet-VV LLC regarding the obligation to register a real estate pledge agreement,

The plaintiff filed a lawsuit against the defendant for the obligation to register the real estate pledge agreement, arguing that the date of the year the real estate pledge agreement No. was concluded between the parties. In accordance with clause 1.2 of the pledge agreement No., the pledgor pledges the following property to the pledgee: part of the building at the address: address. The specified property belongs to the defendant by right of ownership on the basis of a certificate of state registration of rights No. dated year. Written notifications were sent to the defendant with a requirement to provide written consent to register the pledge agreement No. dated. However, the plaintiff's demand remained unanswered. Based on the foregoing, the plaintiff filed a claim in court and asks to oblige the defendant to provide written consent to register the pledge agreement No. dated year with the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, to oblige the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, carry out state registration of the pledge agreement No. dated year for part of the building at the address: address.

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The plaintiff's representative appeared at the court hearing, supported the claims and asked them to be satisfied in full.

The defendant's representative appeared at the court hearing, did not acknowledge the claims, and explained to the court that the defendant did not give consent to register the pledge agreement, because he hoped that the debtor under the main obligation would return the funds, and therefore, registration of the pledge agreement would not be required.

The third party did not appear at the court hearing; the date, place and time of the hearing of the case were duly notified.

The court, after hearing the parties and checking the case materials, comes to the following conclusion.

As established at the court hearing and follows from the case materials presented to the court, the date of the year between the plaintiff (lender) and Isunts V.V. (borrower) entered into a cash loan agreement No. for the amount of rubles. for the period up to date.

In order to ensure the proper fulfillment of obligations to repay the loan amount, a surety agreement No. was concluded between the plaintiff (creditor) and the defendant (guarantor), according to clause 1.1 of which the guarantor undertakes to be responsible to the creditor for the fulfillment by Isunts V.V. (debtor) of his obligations under the cash loan agreement No. dated year concluded with the lender.

Also, in order to ensure proper fulfillment of obligations to repay the loan amount, the date of the year between the plaintiff (mortgagee) and the defendant (mortgagor) an agreement was concluded on the pledge of real estate No. part of the building at the address: city address.

These agreements were concluded by the parties in proper written form.

The real estate pledge agreement dated No. dated was signed by both the pledgee and the pledgor, which was not disputed by the parties during the trial.

The subject of the pledge agreement is the part of the building at the address: date, which belongs by right of common ownership to the defendant, which is confirmed by a certificate of state registration of the right.

According to the Civil Code of the Russian Federation, an agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement.

In accordance with the Civil Code of the Russian Federation, in addition to such an essential condition as the subject of the contract, essential conditions also include conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one an agreement must be reached between the parties.

In accordance with the Federal Law of July 16, 1998 N 102-FZ “On mortgage (mortgage of real estate)”, under an agreement on the pledge of real estate (mortgage agreement), one party - the mortgagee, who is a creditor under an obligation secured by a mortgage, has the right to receive satisfaction of one's monetary claims against the debtor under this obligation from the value of the pledged real estate of the other party - the mortgagor, preferentially before other creditors of the mortgagor, with exceptions established by federal law.

According to the Federal Law “On Mortgage (Pledge of Real Estate),” 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 as provided for in the mortgage agreement.

On the basis of the Federal Law “On Mortgage (Pledge of Real Estate)”, a mortgage agreement is concluded in compliance with the general rules of the Civil Russian Federation on concluding agreements, as well as the provisions of this Federal.

According to the Federal Law “On Mortgage (Pledge of Real Estate),” the mortgage agreement must indicate the subject of the mortgage, its valuation, essence, size and deadline for fulfilling the obligation secured by the mortgage.

In accordance with the Law, a mortgage agreement is concluded in writing by drawing up one document signed by the parties and is subject to state registration.

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

According to the mortgage agreement, it is considered concluded and comes into force from the moment of its state registration.

According to clauses 6.1 and 6.2 of pledge agreement No. 1, this agreement is subject to registration in the prescribed manner and is considered to have entered into legal force from the moment of its registration. To register the agreement, it is necessary to obtain the written consent of the mortgagor.

Thus, in order to give legal force to the real estate pledge agreement and to make a mortgage entry into the Unified State Register of Rights to Real Estate and Transactions therewith (Federal Law “On Mortgage (Pledge of Real Estate)”), it was necessary to carry out its state registration.

In accordance with the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” state registration of a mortgage is carried out on the basis of a joint application of the mortgagor and the mortgagee or a notary who certified the mortgage agreement or the agreement entailing the emergence of a mortgage by force of law, after state registration the real rights of the mortgagor to the relevant real estate or the right that is the subject of the mortgage.

Registration actions with real estate are of a declarative nature, however, one application from the pledge holder to register a pledge agreement is not enough.

From the above in relation to the situation under consideration, it follows that when registering a pledge agreement, the participation of the pledgor is necessary.

In accordance with the Civil Code of the Russian Federation, if a transaction requiring state registration is completed in the proper form, but one of the parties avoids registering it, the court, at the request of the other party, has the right to make a decision to register the transaction. In this case, the transaction is registered in accordance with the court decision.

From the materials of the case, including from the text of the pledge agreement, it follows that when concluding the agreement, the parties complied with the necessary requirements regarding the definition of the subject of the mortgage, indicating its characteristics, and the pledge agreement complies with the requirements of current legislation.

The defendant’s arguments that the defendant is avoiding registering the pledge agreement due to the fact that he hoped that the debtor under the main obligation would return the funds, and therefore registration of the pledge agreement would not be required, cannot be grounds for refusing claims to the plaintiff, since the pledge agreement was personally signed by the parties to the case, was not challenged in the manner prescribed by law and was not declared invalid.

The defendant's objections do not contain any arguments indicating that the defendant has legal grounds for not fulfilling its obligations.

Taking into account the above, the court comes to the conclusion that the defendant evaded taking actions aimed at registering the transaction.

In accordance with the Civil Procedure Code of the Russian Federation, the content of which should be considered in the context of the provisions of the Constitution of the Russian Federation and the Civil Procedure Code of the Russian Federation, establishing the principle of adversarial civil proceedings and the principle of equality of parties, each party must prove the circumstances to which it refers as the grounds for their claims and objections, unless otherwise provided by federal law.

Thus, the court comes to the conclusion that the plaintiff’s requirements have been satisfied in terms of the defendant’s obligation to provide written consent to the registration of pledge agreement No. 1 dated December 21, 2011 with the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow.

At the same time, since the court decision obliging the defendant to provide written consent to register the pledge agreement No. dated year with the Office of the Federal Service for State Registration, Cadastre and Cartography for Moscow is the basis for submitting documents to the registration authority, whereas, evidence that that the plaintiff applied to the Department of the Federal Service for State Registration, Cadastre and Cartography in Moscow with a request to register the pledge agreement, but he was refused and was not presented to the court. In this connection, the court comes to the conclusion that it refuses to satisfy the plaintiff’s demands regarding the obligation of the Office of the Federal Service for State Registration, Cadastre and Cartography for Moscow to carry out state registration of the pledge agreement No. dated year.

The court, assessing all the evidence collected in the case in its entirety, comes to the conclusion that the claims are subject to partial satisfaction on the grounds stated above.

Based on the above and guided by Art. 12.56, 194-198 Code of Civil Procedure of the Russian Federation. Art. Art. 165. 432 Civil Code of the Russian Federation. Federal Law of July 16, 1998 N 102-FZ “On mortgage (real estate pledge)”,

Oblige Rassvet-VV LLC to provide written consent to register the pledge agreement No. dated, concluded between Rassvet-VV LLC and M.M. Marutyan. to the Department of the Federal Service for State Registration, Cadastre and Cartography for Moscow.

The rest of the claim is denied.

The decision can be appealed to the Moscow City Court of Moscow within a month from the date of production of the decision in final form.

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COURT DECISIONS IN CIVIL CASES:

Plaintiff Shevtsov I.I. filed a claim in court against the defendant L.V. Bachinin. on compensation for damage caused as a result of the flood in the amount of * rub. recovery of expenses for payment of state duty in the amount of * rub. recovery of expenses for payment of services.

The plaintiffs filed a lawsuit against the defendant for compensation for damage caused by damage to the electrical wiring, citing the fact that the plaintiffs are the owners of the apartment located at: address. dd.mm.yyyy when carrying out construction.

Real estate pledge agreement

Due to the rapid development of economic relations, the number of credit, mortgage transactions and loan agreements is constantly growing. Along with them, quite often, accompanying collateral agreements are drawn up between the entities. Not all terms of transactions are always fulfilled in good faith, and contracts are not always drawn up legally. Consequently, conflict situations arise that can be very difficult to resolve. Therefore, it is necessary to have an understanding of transactions and the procedure for concluding them.

A real estate pledge agreement is a written document that guarantees the proper fulfillment of obligations under a loan agreement.

What should the contract contain?

Correct and legally competent execution of the contract will allow you to avoid many unpleasant situations in the future. Therefore, if the parties do not have the necessary knowledge of civil law, then it is best to seek help from a lawyer.

An agreement on the pledge of real estate between individuals and legal entities must be drawn up in writing and contain the following points:

• date, place of the transaction and names of the parties;
• subject, that is, property that the owner transfers to the pledgee as collateral. This property fully covers the mortgagee's requirements with its value. Here you must indicate the specific price of the mortgaged premises;
• validity. The agreement comes into legal force from the moment of signing or transfer of real estate, and terminates when the mortgagor fulfills his obligations;
• rights and obligations of the parties.
• place and conditions of transfer of real estate;
• procedure for foreclosure on the subject of the agreement. This procedure can be carried out if the pledgor fails to fulfill or improperly fulfills his obligations. It is impossible to foreclose if the mortgagor has violated the terms of the agreement extremely slightly, and the mortgagee has made demands that are clearly disproportionate to the value of the real estate;
• responsibility of participants;
• grounds and procedure for termination.
• procedure for resolving conflict situations;
• addresses and details of the parties.

At the end of the document, the parties must sign and the organizations must put their seals. The sample can be downloaded at the bottom of the article.

Registration of a pledge transaction

Registration with Rosreestr is carried out only after the property has been assessed and its value on the market has been determined. This data must be current at the time of the transaction. The assessment must be carried out by a specialist who has documents giving permission to carry out such operations. If one of the parties does not agree with the expert’s conclusion, then it is possible to order an additional assessment from another company. Only all expenses will be paid by the person who initiated the re-examination.

Property can be registered with Rosreestr only if all co-owners have no objections. They must provide their consent in writing. Without it, the government body does not have the right to enter the agreement into Rosreestr. In addition, it may be necessary to confirm the relationship between the owners of the property, for example, using a marriage or birth certificate.

If a transaction is concluded between legal entities, then a meeting of all co-founders is required. At this meeting, they must unanimously decide on the allocation of property as collateral. The decision of the meeting must be made in writing and must be sent to the property registration authority as evidence of consent.

In order for registration to take place, it is necessary to collect some documents. These include:

• a statement made by persons in writing;
• a document confirming payment of the state fee;
• sample agreement in three copies, one copy for each party and one for the Rosreestr archive;
• credit agreement;
• a certificate confirming that the mortgagor is the owner of the property;
• real estate passport, as well as an extract from the BTI;
• power of attorney, if a representative acts on behalf of the party.

If all documentation is collected by individuals in full, compiled correctly, and does not have any contradictions or inaccuracies, then registration will proceed quickly.

Attention! If the parties make any changes to the pledge agreement, registration with a notary office will again be required. In this case, payment for services will be made by persons who contributed to the change in conditions.

Therefore, it is best to carefully think through every little detail right away, so that in the future you do not have to resort to registration again.

When does the pledge agreement end?

In order for a deal to be terminated, grounds are needed. Civil legislation stipulates that a contract is subject to termination if:

1. The pledgor fully fulfills the obligation. When a collateral agreement is concluded between legal entities or individuals, an additional obligation arises in addition to the main transaction, which is secured by this collateral. Thus, if the main contract is terminated, then the additional one is terminated.
2. The pledgor demands to terminate the contract early due to the fact that the pledged property is under threat of loss or damage. Also, the reason may be that the pledgee grossly violates such obligations as:

• insurance of the immovable property at the expense of the mortgagor;
• ensuring the protection and safety of collateral;
• immediate notification to the mortgagor that there is a threat of loss or damage to the property.

1. The pledged immovable property is lost or the right of pledge is terminated. This basis is possible if, in accordance with the agreement, replacement of the subject of the transaction is allowed, and the pledgor has not taken measures to restore the subject or replace it with another object of the same value. When the subject of the pledge is a property right, the contract is terminated upon the expiration of such right.
2. The subject of the agreement is sold in order to satisfy the requirements of the pledgee, including if the sale cannot be carried out.

If termination occurs on the first two grounds, then the pledgee must return the pledged property.

Collateral obligations are a rather complex branch of civil law. Basically, citizens do not have sufficient legal knowledge regarding the conclusion of various types of transactions. Hence, frequent conflicts between individuals or legal entities, which often lead to litigation.

Therefore, in most cases, parties to pledge obligations and other citizens whose rights and obligations are affected due to the fact that property is pledged require the assistance of a qualified lawyer specializing in this area of ​​law. This is the only way to protect yourself from numerous problems in the future.

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Real estate pledge agreement

Considering the fact that real estate is, of course, liquid property, by transferring or accepting it as collateral, you can quite reliably insure the obligations to fulfill the contract. This is good compensation for the creditor in case of non-fulfillment. Such a pledge can include both buildings and the right to lease a plot of land.

When is a real estate pledge possible?

You can provide real estate as collateral if:

• there are documents confirming ownership of this property;
• All property owners, if there are several, gave their consent.

Deal Features

When registering real estate as collateral, you need to remember that after concluding the transaction:

• its sale or lease can be carried out only with the consent of the mortgagee;
• when pledging a land plot, all buildings on it will also be subject to collateral - in accordance with the law;
• the pledgee may transfer his rights to third parties, unless the agreement prohibits this;
• insurance of collateral is usually carried out at the expense of the pledgor.

It should be remembered that the rights to the property are transferred to the mortgagee only after the agreement is registered with government agencies, and also that housing is not subject to foreclosure if it is the only one for a given citizen.

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Real estate pledge agreement No.

in the face. acting on the basis. hereinafter referred to as " Mortgagee", on the one hand, and in the face. acting on the basis. hereinafter referred to as " Pledgor", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The subject of this Agreement is the transfer as collateral to the Pledgee of real estate owned by the Pledgor and the right to lease the corresponding land plot on which this property is located (hereinafter referred to as the “Subject of Pledge”).

1.2. The subject of the pledge is:

1.2.1. The property owned by the Pledgor is a building with an area of ​​sq.m., at the address. under the inventory number according to a copy of the explanation of the Territorial Bureau of Technical Inventory dated " ", compiled as of " ", which is an integral part of the Agreement (Appendix No. 1). The boundaries of the building included in the Subject of Pledge are established in accordance with copies of floor plans of the Territorial Bureau of Technical Inventory dated " ", which are an integral part of this Agreement (Appendix No. 2).

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

Read in the article:

What are the rules governing the mortgage of real estate?

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

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

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

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

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

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

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

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

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

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

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

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

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

The parties indicate:

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

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

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

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

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

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

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

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

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

A major transaction is one or more related transactions that:

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

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

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

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

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

Attached files

• Land Mortgage Agreement.doc

Moscow "___" ________________ 20___

Non-profit organization "Moscow Regional Fund for the Development of Microfinance for Small and Medium Enterprises", hereinafter referred to as the "Pledgee", represented by the Executive Director ________________________, acting on the basis of the Charter, on the one hand, and ______________________, hereinafter referred to as the "Pledger" (for legal entities - represented by _________________________________________________, acting on the basis of ____________), on the other hand, have concluded this Agreement as follows:

1. The Subject of the Agreement

1.1. To ensure the fulfillment of the obligations of the Pledgor under the Loan Agreement dated "___" ____________ 20___ N ___________ (hereinafter referred to as the Loan Agreement), concluded between the Pledgor and the Pledgee on _____________________ __________________________________________________________________________, (the place of conclusion of the Loan Agreement is indicated), the Pledgor provides the following real estate as collateral to the Pledgee, hereinafter referred to as “Subject of Mortgage”: ____________________________.

1.2. The obligations of the Pledgor under the Loan Agreement, secured by the pledge of the Property, are as follows:

Loan amount - __________________ (______________________) rubles;

The loan amount must be repaid by the Pledgor no later than ___________________;

Interest on the loan - _____________ (______________________) percent per annum accrued on the actual debt on the loan;

Starting from ______________________, the Pledgor undertakes to repay the loan amount received under the Loan Agreement on a monthly basis, no later than _____ (______________________) of each calendar month, in accordance with the Payment Schedule, which is an integral part of the Loan Agreement;

Interest on the loan amount is paid by the Pledgor monthly no later than _____ (______________________) of each calendar month in accordance with the Payment Schedule, which is an integral part of the Loan Agreement. For the last month of using the loan, interest is paid simultaneously with the repayment of the entire loan amount;

In the event of failure to repay the loan amount (part thereof) received under the Loan Agreement and/or failure to pay interest within the time limits established by paragraphs. 1.3, 2.3 and 2.4 of the Loan Agreement, the Pledgor pays the Pledgee a penalty in the amount of 0.5 (Five tenths) percent of the unpaid amount for each day of delay up to and including the day of payment to the Pledgee;

In case of non-fulfillment or improper fulfillment by the Pledgor of its obligations regarding the intended use of the loan amount, provided for in clause 1.2 of the Loan Agreement, the Debtor shall pay the Pledgee a fine in the amount of 25 (Twenty-five) percent of the loan amount used for other purposes.

The Subject of the Mortgage under this Agreement secures the claim of the Mortgagee under the Loan Agreement to the extent that it has at the time of satisfaction, including interest, penalties, compensation for losses caused by delay in execution, as well as costs of collection and sale of the Subject of the Mortgage.

If the terms of the Loan Agreement are changed, the Subject of Mortgage ensures that the Mortgagor fulfills its obligations under the Loan Agreement, taking into account the changes made to it.

1.3. The subject of the mortgage remains in the possession of the Mortgagor for the entire duration of this Agreement.

1.4. The Pledgor guarantees that at the time of signing this Agreement, the Subject of Mortgage is the property of the Pledgor, is free from liens, has not been seized or foreclosed on, has not been leased, and is not encumbered by the rights of third parties (easement).

1.5. Replacement of the Subject of Mortgage, its subsequent pledge, leasing (for use), as well as disposal of the Subject of Mortgage by alienation (sale, donation) without the written consent of the Mortgagee is not permitted.

1.6. The Pledgor bears the risk of accidental loss or accidental damage to the Subject of Mortgage.

1.7. If the Mortgagor's ownership of the Subject of Mortgage is terminated on the grounds and in the manner established by the current legislation of the Russian Federation, as a result of seizure (redemption) for state or municipal needs, requisition or nationalization, and the Mortgagor is provided with other property or appropriate compensation, the right of pledge extends to the property provided in return or, accordingly, the Pledgee acquires the right of priority satisfaction of his claim from the amount of compensation due to the Pledgor. In this case, the pledgee also has the right to demand early fulfillment of the obligation secured by the pledge.

2. Cost of the Subject of Mortgage

2.1. The cost of the Subject of Mortgage is estimated by the Parties in the amount of __________ (___________________________) rubles.

2.2. In the event of a decrease in the assessed value of the Subject of Mortgage due to its physical or moral wear and tear or other reasons, the Mortgagor is obliged to additionally pledge to the Mortgagee other property equivalent to the value of the lost property originally pledged.

3. Rights and obligations of the Parties

3.1. The pledgor has the right:

3.1.1. Own and use the Subject of Mortgage in accordance with its purpose.

3.1.2. At any time before the sale of the Subject of Mortgage, stop foreclosure on it by fulfilling the obligation secured by the mortgage.

3.1.3. In the event of the destruction of the Subject of Mortgage, with the consent of the Mortgagee, restore or replace it with other equivalent property.

3.2. The mortgagor is obliged:

3.2.1. Take all measures necessary to ensure the safety of the Subject of Mortgage (including current and major repairs) and maintain it in proper condition, including to protect it from attacks and claims from third parties.

3.2.2. Do not take actions that entail the termination of the right of pledge or a decrease in the value of the pledged property.

3.2.3. Immediately notify the Mortgagee of the threat of loss or damage to the Subject of Mortgage.

3.2.4. Insure the Mortgage Subject for the full value within 5 (Five) days from the date of conclusion of this Agreement, indicating the Mortgagee in the insurance agreement as the beneficiary.

3.2.5. Do not prevent the Pledgee from monitoring the Pledgor’s compliance with the terms of this Agreement.

3.2.6. Provide, at the request of the Pledgee, the necessary documents on its production, economic, financial and other activities.

3.3. The pledgee has the right:

3.3.1. Check the documents and actual availability, condition and operating conditions of the Subject of Mortgage.

3.3.2. Require the Mortgagor to take measures necessary to preserve the Subject of the Mortgage.

3.3.3. Demand from any person to cease encroachments on the Subject of Mortgage that threaten its loss or damage.

3.3.4. Transfer your rights under this Agreement to another person in compliance with the rules on the transfer of the rights of a creditor by assigning a claim.

3.3.5. Require early fulfillment of the obligation secured by the pledge in the following cases:

If the Subject of Mortgage has left the possession of the Mortgagor not in accordance with the terms of this Agreement;

Loss of the Subject of Mortgage due to circumstances for which the Mortgagee is not responsible, unless the Mortgagor replaced it with other equivalent property;

3.3.6. To foreclose on the Subject of Mortgage if, at the time of the deadline for fulfillment of obligations under the Loan Agreement, they are not fulfilled.

3.3.7. To foreclose on the Subject of Mortgage before the deadline for fulfillment of the obligation secured by the pledge, if the Mortgagee's request for early execution of the obligation secured by the pledge is not satisfied, in the following cases:

Transfer by the Mortgagor of the Subject of Mortgage into a subsequent pledge without the consent of the Mortgagee;

Failure by the Mortgagor to take the necessary measures to ensure the safety of the Subject of Mortgage (including current and major repairs);

Unreasonable refusal by the Mortgagor to the Mortgagee to verify the documents and actual condition and operating conditions of the Subject of Mortgage;

In other cases provided for by the current legislation of the Russian Federation.

3.3.8. Satisfy your claims to the Pledgor for the obligation secured by the pledge at the expense of the Subject of the Mortgage without going to court in the manner agreed with the Pledgor in accordance with the current legislation of the Russian Federation.

3.4. The Mortgagee is obliged, at the request of the Mortgagor, to issue him a document confirming the full or partial fulfillment of the obligation secured by the mortgage.

3.5. If the Subject of the mortgage is a residential premises, then at the time of foreclosure it must be free from the residence of third parties who, in accordance with the law, have the right to use this residential premises.

The Mortgagor and members of the Mortgagor’s family, including former members of his family, on the day of signing this Agreement living in the residential premises that are the Subject of the mortgage, in accordance with clause 2 of Art. 292 of the Civil Code of the Russian Federation lose the right to use the Subject of Mortgage from the moment of registration of the transfer of ownership of the Subject of Mortgage to the Mortgagee.

The Mortgagor guarantees that he and the above-mentioned persons will, in the prescribed manner, be deregistered and vacate the residential premises within 30 (Thirty) calendar days from the date of registration of the transfer of ownership of the Subject of Mortgage to the Mortgagee.

4. Grounds for termination of the Agreement

4.1. This Agreement is terminated:

With the termination of the obligation secured by the mortgage;

In the event of the destruction of the Subject of Mortgage, if the Pledgor has not exercised the right to restore or replace it with the consent of the Pledgee with other property of equal value;

In the event of the sale of the Subject of Mortgage, as well as in the event of the Mortgagee’s refusal to retain the Subject of Mortgage when its sale turned out to be impossible;

In other cases provided for by the current legislation of the Russian Federation.

4.2. In cases where the Subject of Mortgage is seized from the Mortgagor in accordance with the procedure established by law on the basis that in reality the owner of this Subject of Mortgage is another person, or in the form of a sanction for committing a crime or other offense, the pledge in relation to this property is terminated, and the Mortgagee has the right to demand early fulfillment of an obligation secured by a mortgage.

5. Final provisions

5.1. This Agreement comes into force from the moment of its registration with ___________________________________________________________________________ (name of the body that registers rights and transactions with real estate) and is valid until the Parties fully fulfill their obligations under the Loan Agreement or until grounds arise for termination of the mortgage. 5.2. Any changes and additions to this Agreement will be valid provided that they are made in writing, signed by authorized representatives of the Parties and registered in __________________________________________________________________________. (name of the body that registers rights and real estate transactions)

5.3. Disputes arising between the Parties in the process of execution of this Agreement are considered in the manner prescribed by the current legislation of the Russian Federation in the Arbitration Court at the location of the Pledgee.

5.4. In all other respects that are not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

in a person acting on the basis, hereinafter referred to as " Mortgagee", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Pledgor", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The subject of this Agreement is the transfer as collateral to the Pledgee of real estate owned by the Pledgor and the right to lease the corresponding land plot on which this property is located (hereinafter referred to as the “Subject of Pledge”).

1.2. The subject of the pledge is:

1.2.1. A real estate object owned by the Pledger - a building with an area of ​​sq.m., at the address: , under the inventory number according to a copy of the explanation of the Territorial Bureau of Technical Inventory dated "" year, compiled as of "" year, which is an integral part of the Agreement (Appendix No. 1) . The boundaries of the building included in the Subject of Pledge are established in accordance with copies of floor plans of the Territorial Bureau of Technical Inventory dated “”, which are an integral part of this Agreement (Appendix No. 2).

1.2.2. The right to lease a land plot with an area functionally supporting the mortgaged building located on it, amounting to sq.m. in accordance with the land plot plan, which is an integral part of this Agreement (Appendix No. 3).

1.3. The Mortgagor's ownership of the building specified in clause 1.2.1 of this Agreement is confirmed by a certificate of state registration of rights dated year No. series, about which a registration entry No. (registry number) is made in the Unified State Register of Rights to Real Estate and Transactions with It "" object number).

1.4. The Pledgor's right to lease the land plot specified in clause 1.2.2 of the Agreement is confirmed by the land lease agreement No. dated "" year, concluded for a period of up to a year and recorded in the register under No. dated "" year.

1.5. The inventory value of the property specified in clause 1.2.1 is ruble, which is confirmed by certificate No. dated "" year, issued by the Territorial BTI.

1.6. The standard price of the land plot specified in clause 1.2.2 of this Agreement, in accordance with the date of signing the Agreement, is rubles, based on the land tax rate of rubles per hectare.

1.7. The subject of the pledge as a whole is valued by the Parties in rubles.

1.8. Subsequent pledge of the Pledged Subject without the written consent of the Pledgee is not permitted.

1.9. The pledged item remains in use and storage with the Pledgor.

2. OBLIGATIONS, THE PERFORMANCE OF WHICH IS SECURED BY A COLLATERAL

2.1. The subject of the pledge ensures the fulfillment of obligations (hereinafter referred to as the “Borrower”) under the loan agreement No. dated “” (hereinafter referred to as the “Loan Agreement”), which comes into force from the moment of its signing and is valid until the loan amount is fully repaid and payment of interest on it, obligations to under the surety agreement No. dated "" of the year. In case of partial fulfillment of the obligation provided for in the Loan Agreement, the pledge is retained in the original amount until full fulfillment of the secured obligation.

2.2. provides the Borrower with a loan in the amount of rubles for a year. The loan amount is issued within banking days from the date of registration of this Agreement and the pledge agreement No. dated "" of the year.

2.3. The interest rate on the loan is % per annum.

2.4. The increased interest rate is % per annum of the amount of overdue debt for each day of delay.

2.5. Purpose of lending: .

2.6. The loan is provided in a single tranche.

3. REPRESENTATIONS AND WARRANTIES

3.1. The Pledgor confirms and warrants that:

3.1.1. Acts in accordance with the powers established by its constituent documents.

3.1.2. Is the full and legal owner of the rights to the Pledged Subject. Until the conclusion of the Agreement, the Pledged Subject is not alienated, not pledged, is not in dispute or under arrest, is not encumbered by the rights of third parties, the lease rights of the Pledgor are not disputed by anyone, which is confirmed by information from the Unified State Register of Rights No. dated "" year, issued.

3.1.3. There are no objections to encumbering the land plot with a pledge, which is confirmed.

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

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The mortgagor is obliged:

4.1.1. Do not take actions that entail the termination of the right of pledge or a decrease in the value of the pledged property.

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

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

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

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

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

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

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

4.2. The pledgor has the right:

4.2.1. Own and use the pledged property in accordance with its intended purpose and receive income from the use of the Pledged Property, ensuring its safety.

4.2.2. Stop foreclosure on the Pledged Subject in the event of early repayment of the obligation secured by the pledge.

4.3. The pledgee has the right:

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

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

4.3.3. Act as a third party in a case in which a claim regarding property that is the Subject of Pledge under the Agreement is being considered.

5. FORECLOSURE ON THE SUBJECT OF THE COLLATERAL

5.1. The Pledgee has the right to foreclose on the Pledged Subject in the event of failure by the Borrower to fulfill the obligations specified in the terms of the Loan Agreement, days after the deadline for fulfilling these obligations, including: in case of non-payment or untimely payment of the principal amount in full or in part, as well as in case of violation deadlines for paying interest on the loan.

5.2. Foreclosure of the Pledged Subject is carried out by a court decision in accordance with the current legislation of the Russian Federation.

5.3. The pledge of real estate objects secures the claims of the Pledgee under the Loan Agreement to the extent that they exist at the time of their actual fulfillment by the Borrower, including interest, increased interest for late payments, as well as reimbursement of expenses for the collection and sale of the pledged property. The amount received from the sale The collateral is used to repay the debt under the Loan Agreement in the following order:

• for reimbursement of legal and other costs for debt collection;
• to pay fines and penalties;
• to pay overdue interest on the loan;
• for payment of urgent interest;
• to repay overdue loan debt;
• to repay urgent loan debt.

6. ADDITIONAL CONDITIONS

6.1. This Agreement is subject to registration in the prescribed manner and is considered to have entered into legal force from the moment of its registration.

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

6.3. Amendments and termination of this Agreement are made by mutual agreement of the Parties in the manner prescribed by law by concluding an additional agreement, certified by a notary and registered in the manner established by the legislation of the Russian Federation.

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

7. RESPONSIBILITY OF THE PARTIES

7.1. For failure to fulfill or improper fulfillment of obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

7.2. In case of violation by the Pledgor of clause 1.8 or clause 4.1.6 of this Agreement, the Pledgor will be obliged to pay the Pledgee a fine in the amount of % of the value of the Pledged Subject specified in clause 1.7 of the Agreement. The fine is paid by the Pledgor within working days from the receipt of a written request from the Pledgee to pay the fine. Payment of the fine does not relieve the Pledgor from fulfilling his obligations under the Agreement.

8. TERM OF THE AGREEMENT

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

9. FINAL PROVISIONS

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

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

9.3. Any notice or other communication sent by the Parties to each other under the Agreement must be made in writing and signed by an authorized person. Such a notice or message is considered properly sent if it is delivered by courier or transmitted by fax using the details specified in Article 10 of this Agreement.

9.4. This Agreement is an integral part of the Loan Agreement No. dated "" year and the Guarantee Agreement No. dated "" year.

9.5. This Agreement is drawn up in three copies - one copy for each of the Parties, one copy is kept in the notary's files.

10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Mortgagee

• Legal address:
• Mailing address:
• Phone fax:
• INN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

Pledgor

• Legal address:
• Mailing address:
• Phone fax:
• INN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

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

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

Registration procedure

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

Registration procedure

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

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

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

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

Before registering the contract, you must do the following:

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

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

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

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

Termination of a real estate pledge agreement

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

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

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

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

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

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

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

Rules for drawing up a termination agreement:

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

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