Federal Law No. 102 of Mortgage is a fundamental document in this field. In addition to him, the areas of legal relations in mortgage issues are regulated:

• Housing Code of the Russian Federation;
• FZ No. 218 "On state registration of real estate";
• Federal Law No. 218 "On Credit Stories";
• as well as other legislative acts of government and self-government bodies of each individual region.

Mortgage Law: Basic Provisions

The Federal Law of the Russian Federation "On the mortgage (pledge of real estate)" No. 102 dated 07.16.1998, as well as any other legislative act, has its own characteristics, including establishes rights and obligations for participants in legal relations in this field, and also gives a clear Determination of the concept of "mortgage". In accordance with the legislative act, the mortgage is one of the forms of collateral, when the property has been laid in the property of the debtor, but at the same time the lender has the right to acquire it right and get satisfaction at the expense of its implementation if the debtor is not implemented by the obligations assigned to it.

Important! The concept of "mortgage" should be distinguished from the concept of "mortgage lending", since in the latter case the loan is issued by the Bank directly on the security of property, which is the guarantor of the loan refund. That is, a mortgage loan is one component of the main mortgage system.

The main provisions of the mortgage law of Articles 1-8 establish the foundations of the occurrence of the mortgage, the obligations and requirements of its collateral, the list of property, which may be the subject of mortgage and the right of its return on the relevant contract. So, according to the norms of Article 5 of the Law, the subject of the mortgage may be immovable property specified in paragraph 1 of Art. 130 Civil Code of the Russian Federation, including:

• land plot (exceptions are listed in Art. 63 of the Mortgage Act);
• cottages, garden sites and houses, garages;
• air and sea vessels, internal dressing vessels;
• living spaces;
• enterprises, buildings and other immovable property used in business activities;
• machine-space.

The same article establishes that the subject of mortgage cannot be part of the property, which is not subject to section in nature without changing its destination.

Rules for concluding a mortgage agreement

According to Article 8 of the Law, the mortgage agreement is concluded according to the rules of civil law. The content of the contract is recorded in paragraphs of Article 9 of the Law. Thus, the document must necessarily indicate the subject of mortgage, its assessment, creature, term and size of the fulfillment of the obligation, which is subject to ensuring the mortgage. The subject is determined by the indication of its full name (i.e. the house, apartment, land plot, building, etc.), location and descriptions, which will be enough to identify it. The assessment of property occurs in accordance with Russian legislation by agreement of the Parties to the Treaty, with the obligatory compliance with the requirements of Article 67 of the Law, if we are talking about the land plot. The mortgage agreement must necessarily be called the obligation indicating the exact amount and the basis of its occurrence, as well as its execution period. If the amount of collateral is subject to definition in perspective, the contract is made on the procedure and other conditions for its definition.

Important! In the mortgage agreement, in the performance of obligations in parts, the dates and frequency of payments and their size are necessarily prescribed.

State registration of mortgage

CHAPTER 4 of the mortgage law establishes the grounds and procedure for the implementation of state registration of mortgage transactions. Article 19 of the Law records that mortgage is subject to mandatory registration with the USRP in the manner prescribed by the Law on State Registration Real Estate. The procedure for registration of mortgage establishes Article 53 of the Law on State Registration Real Estate, from which:

1. registration arises by force of the mortgage agreement and is carried out on the basis of the statement of the pledgee and the pledger, compiled jointly;
2. the registration of a mortgage arising on the basis of the law is carried out simultaneously with the state registration of the ownership of the mortgager to the appropriate object of real estate;
3. mortgage registration occurs by making a registration record of the mortgage in the Unified State Real Estate Register;
4. the date of registration is the day of the registration record.

Features of mortgages of residential buildings and apartments

It should be noted, the rules of chapter 8 of the mortgage law apply only to residential premises belonging to individuals and legal entities on the right of ownership, mortgage of residential premises in municipal and state property are not allowed. Article 77 of the law determines the rules of mortgage of residential premises at the expense of banks and other credit institutions, which today is an urgent topic. The article establishes that residential premises, fully or partially built, as well as, acquired at the expense of a credit institution, or the means of a target loan provided by another legal entity for the acquisition or construction of the specified residential premises, shall be subject to a deposit on it since the state registration of the mortgage, Accordingly, the rules on the pledge arising from the contract applies. When transferring to the mortgage of the residential premises, it is necessary to obtain consent from the guardianship and guardianship authorities, if members of the owner's family are minors, incapable or other persons under guardianship and trusteeship. The authorities have the right to give consent to alienation of real estate, only if the rights and interests of these persons will not be affected. The decision is issued within 30 days and may be challenged in court. With a mortgage of residential premises, at the expense of credit institutions, a complete package of documents is provided, the list of which is settled by this Law in terms of real estate. The list of documents for the borrower is formed by a credit institution. We reviewed the main points associated with the design of the mortgage on the territory of the Russian Federation. With the full version of the Legislative Document you can familiarize yourself.

The Federal Law on Mortgage No. 102 establishes a credit system in a pledge of real estate, agricultural posts in the territory of the Russian Federation. Since July 2017, significant innovation has been made to the FZ 102.

102 Mortgage Law: Recent Changes and Acting Act

In this article we will analyze federal Law of the mortgage of property pledge . You will be able to download the current version of the law for 2017, learn the latest changes, the history of the document, as well as commentary by experts on the main articles.

The history of the creation of mortgage legislation

For 84 years of 20th century, there were no mortgages in Russia. The USSR authorities from the very beginning of their regime deprived the population of the country of law for private ownership. Mortgage on the new rules in Russia appeared only at the end of the 20th century. For its development to today's condition, fundamental changes in the state of property relations and housing construction were required. In addition, there were large changes in legislation.

Only on the eve of 1991, the first prerequisites for the revival of the Mortgage Institute in Russia appeared. It was the law "On the property", adopted in December 1990. Then until 1993, laws on the pledge and the basics of housing policy were consistently adopted. The main provisions also focused in the Civil Code. The immovable property mortgage began to remember increasingly.

These laws allowed dozens of banks by the end of 1994 to establish a system of issuing mortgage loans. At the same time, this business is poorly controlled by a scant set of a regulatory framework in this area, which did not allow mortgage to a high level of development and transparency. A fundamentally new and powerful federal law was required.

He was adopted on July 16, 1998, a month before the hardest crisis of the Russian economy. 102 FZ for mortgage became a kind of Bible, which, together with the Civil Code, made it as it is now.

Recent changes and current revision of the law

For almost 20 years, multiple adjustments related to the development of mortgages and changes in other regulatory documents have been introduced into the mortgage law. Now the editors of July 3, 2016 is relevant with amendments from 01.07.2017.

The most important events of the 2016 mortgage market, which influenced mortgage legislation, were:

1. Legislative restriction of the size of the penalty for late repayment of the loan (should not exceed the key rate of the Central Bank at the date of concluding a loan agreement).

A few words about the key rate of the Central Bank. Similar words are the interest rate on which banks take short-term loans (1 week) and discover the contributions to the Central Bank. From May 2, 2017, the rate is 9.25%.

2. Mandatory notarial certificate of real estate transactions, which is in equity ownership.

That is, now in order to sell an apartment, divided by shares, not enough to conclude a sale agreement in a simple writing. It is necessary to visit the notary and make a deal in his form. Accordingly, the cost of execution has greatly increased.

3. Changing the order of calculating the tax sales of the apartment. From 01/01/2016, the distribution period has increased, after which the owner is exempt from the payment of tax from sale, from 3 to 5 years. In addition, now the amount of tax is calculated from the cadastral value or from the cost specified in the contract of sale, depending on what is more. That is, transactions with the understatement of the cost in the contract lost meaning, since the cadastral value is approximately equal to the market.

There are good news. If the ownership is registered until 01.01.2016, the term remains the same - 3 years.

Example. Citizen Ivanov acquired an apartment worth 3,000,000 rubles. In April 2016. In May 2017, he sold it. Cadastral cost - 3,000,000 rubles, under the contract of purchase / sale - 1,000,000 rubles. The tax will be calculated on the basis of cadastral value, in the amount of 2,000,000 rubles. (minus tax deduction 1 million) and will be equal to 260,000 rubles.

4. Another good news for borrowers under the program "Military Mortgage". Now information on such contracts will not be taken into account in the credit history of the serviceman. In fact, he does not pay on the loan. For him this makes the state.

5. Since July 2016, the law spelled out the right to lay the machine.

General provisions

The main provisions of the mortgage law establishes the definition of a mortgage, the basis of its occurrence, the description of the claims on the pledge and property, which can be transferred to the deposit.

The deposit must necessarily be fixed by the contract, in which there are two sides: the pledger (object owner) and the mortgagee (creditor). Moreover, the owner may not be relevant to the loan at all, but only to provide it with its property.

Mortgage itself is established not only on the loan agreement. It can be:

• loan agreement,
• lease contract,
• work agreement,
• obligation based on the contract of sale and other.

That is, any obligations, if they do not apply to a certain law of the order of security, may be the subject of mortgage.

The contract establishes a complete list of obligations that are covered by a deposit. If something comes against the arrangements, the mortgagee is entitled to receive damages, interest for unlawful use of its means, as well as legal costs and expenditures on the implementation of the laid property, provided that other is not defined in the contract. That is why it is important to competently compile this document.

The following property may be provided with a deposit:

• land plots, but not all (exceptions are described in Article 63 of the Law);
• property used for entrepreneurship;
• residential buildings (including parts consisting of isolated rooms);
• cottages, garden houses, baths, garages and other consumer structures;
• ships (air, sea, river) and even space objects;
• machine-place.

The main principle that is applied to the pledge - indivisibility. That is, a part of the property, which independently, after the section in kind, cannot be used for its intended purpose, is not accepted as a deposit. Simply put, it is impossible to lay only the engines of the aircraft, or only the roof of the house.

Also, an important point is that the residential building on the land plot can be accepted as a collateral just with the Earth. If the site is rented, then the right to lease is laid. At the same time, under the term of the contract with the landlord for more than 5 years, it is not even necessary to resolve the owner.

Mortgage agreement

General rules for the conclusion of all civil law contracts in Russia are enshrined in the Civil Code. The mortgage law makes additional requirements that must be respected.

In mandatory in the contract, the following information must be specified:

• mortgage object and its assessment;
• essence, scope and term of fulfillment of obligations.

The subject of the collateral must be described in detail so that it can be unmistakable to identify it. The contract records the name of the object, description and location. At the same time, the same rules apply to the leased property, further indicate the lease term.

If necessary, the parties may include in the contract the procedure for the implementation of the collateral in the event of debt collection in court or describe the settlement options in the pre-trial period.

When it comes to a loan mortgage agreement with an individual, which acquires real estate, not intended to carry out entrepreneurial activities, the norms described in the law "On Consumer Credit" are applied to it. That is, the following conditions must be met in obligatory:

1. The contract contains the full cost of the loan, and necessarily on the first page.
2. The creditor is forbidden to charge a borrower for the actions that are assigned to him, and which he does in its own interests (all sorts of loan issuance commissions and other payments not related to mortgage).
3. Conditions and procedures for issuing a loan must be posted in free access to familiarize (including on the Internet).
4. The borrower must be issued a payment schedule.

Read more disassembled in a separate article.

Mortgage

The mortgage is a personal valuable paper, which consolidated the right of the claim of the mortgagee to the mortgager on the fulfillment of the obligations and the right of property pledge. The law does not have a compulsory requirement for its availability to conclude a mortgage agreement. It may not be.

The document is drawn up or a mortgager or if the property belongs to a third party, both.

The law clearly describes the list of information that should be reflected in the mortgage, as well as the obligation of paper registration in the state body (for example, Roserestre). If at least one of the items that are listed below is not followed, the mortgage cannot be called such:

1. The word "mortgage" must be specified in the name of the document.
2. For individuals - the name of the pledger, the document certifying the identity. For legal entities - the name of the organization and location.
3. For the mortgagee, the same details as in paragraph 2.
4. The same details of the debtor, if it is not a pledger.
5. Date and place of conclusion of the contract, as well as the basis of the emergence of obligations (for example, the number of the loan agreement).
6. The amount of obligations and interest, as well as the term of their execution.
7. Name, description and location of the subject of the pledge.
8. Confirmed assessment value of property.
9. Mark about state registration mortgage.
10. An indication of the presence / absence of importing property by the rights of third parties.
11. The signature of the pledger and the debtor (if it is not the same person).
12. Specifying the transfer date to the mortgage creditor.

The mortgage can be reordered to a third party. Then the requirements of the new mortgagee will be based only on information reflected in paper.

You can restore the lost mortgage, making a duplicate, what the corresponding mark is made on it.

When repaying obligations to the lender, the mortgage is returned to the pledger, which then removes the burden from the property in the State Border.

How it works you will learn from another article.

Registration of mortgage

Mortgage due to the law should be registered in Rosreestre. In addition to the Law "On Mortgage", this process is regulated by law No. 218-FZ "On State Registration of Real Estate".

State registration formally lies in the record of the transaction in the Unified State Register of Real Estate.

The basis of the registration of the transaction is the joint statement of the pledger and the mortgagee, or on the basis of the notary statement, who has identified the contract.

The registration of mortgages by virtue of the law is carried out with the simultaneous registration of the ownership of the person, the burden is superimposed on whose rights. In the presence of the mortgage.

The state of the steps are dismantled in this article.

The preservation of mortgage property

The principal moment is that the deposit of property does not give the lender the opportunity to limit the right to use the pledger of these property for direct purpose. He also has the right to benefit from the collateral, while the lender cannot claim this income.

At the same time, the pledger is obliged to contain property in good condition and, if necessary, repairing its own funds, unless otherwise spelled out in the contract.

Often disputes arise relative to the legality of the creditor's claim to insure mortgage property from damage, damage or loss. The law states that such insurance may be provided for by the terms of the loan agreement. As a rule, the property is insured by the pledger.

In addition, the owner is obliged to take all available measures to preserve property safe and preservation and inform the pledgee, if there is a real threat of loss of pledge.

Subsequent mortgage

The subsequent mortgage consists in a re-pledge of already pledged property. It may be a guarantee of the same lender (according to other obligations), or others.

It is important to comply with the terms of the initial mortgage agreement. If it contains a direct ban on the subsequent mortgage (and in most housing mortgage agreements it is), then such a deal will be invalid regardless of whether the potential mortgagee knew about it or not.

There are also cases when the contract specifies the requirements for the execution of the subsequent mortgage. In this case, the new contract must be concluded in compliance with these conditions.

Otherwise, the subsequent mortgage differs little from the acting. Particular attention should be paid only to the procedure for recovery. Here it is necessary to be guided by the rule of priority rights requirements, in accordance with which the repayment of obligations is carried out in turn, starting from the first lender. So the last lender of money from the sale of property may not be enough.

Reseign

The mortgagee has the right, at his discretion, to transfer the right to fulfill the fulfillment of mortgage obligations to any third party. For example, if the bank wants to render a pledge of a third-party organization, it does not necessarily have a license to carry out mortgage lending.

At the same time, the person who has passed the right to mortgage, receives the rights for the obligation secured by the deposit. That is, this face gets into place of the initial lender.

The transfer of the mortgage is carried out by concluding a contract in a simple writing. An appropriate record of the new mortgagee should be made on the valuable paper.

What is interesting, the law is directly forbidden to make recordings on the mortgage on the ban on transferring it to third parties. Such a recording of a priori is insignificant.

Recovery

If the debtor will defimate and not fully repay its obligations, thereby disrupting the terms of the concluded agreement, the lender has the right to begin forced debt recovery.

There are two ways to develop events:

• trial;
• extrajudicial recovery.

If the mortgage agreement does not provide for the possibility of an extrajudicial settlement of debt (article 55 of the Law) by recovery of the laid property, such a penalty is possible only by court decision.

There are two cases in which the recovery of extrajudicial order is impossible:

1. The period during which the debt is not repaid (CRS) does not exceed 3 months.
2. The debt balance is less than 5% of the amount of debt.

In practice, debt collection by banks by implementing the laid property occurs only in extreme cases when the remaining methods do not bring due results. However, do not forget that the law in such cases is usually located on the lender side, since the prisoner of the mortgage agreement is violated by the debtor. Therefore, if it all reached extreme measures, the implementation of the laid property is possible for debt repayment.

Read more disassembled in a separate article.

Property implementation

The property of debtors is implemented by putting on public auction in the form of auction. His organization and conduct are not regulated under this Law. For this, the procedural legislation and the Civil Code meet.

In general terms, bidding is carried out as follows. Not earlier than 30, but no later than 10 days before the auction in the official newspaper there is an announcement with information about when, where and what will be put up for trading.

Those who want to take part should make a deposit in the amount not exceeding 5% of the initial selling price of the object. The winner is the one who suggested the greatest price. The rest of the deposit is returned immediately.

On the day of trading with the winner, the protocol is signed. The solution is valid for 5 days, during which the buyer makes the balance of property, after which, again, within 5 days, a contract of sale is concluded.

Extrajudicial realization of property occurs according to a similar scheme with the only difference that trading organizes an authorized person on behalf of the pledgee. The amount reversed from the sale is distributed between all the mortgagers, and the residue is returned to the pledger.

Also in the law it is indicated that the lender can leave the property for himself, if this is discussed in the contract. The debtor may at any time, before the announcement of the auction closed, to stop recovery, extinguished debt.

Bidding can be found to be failed if only one buyer appeared on them, the initial amount was not increased or the winner did not pay for property. By the way, for the last in the Civil Code, the responsibility is provided, which is expressed in the compensation of damages.

Features mortgages to land

The mortgage of land plots is possible if the turnover of such objects is not limited by law or its size exceeds the minimum value established by regulatory acts for sections of this kind and purpose.

Land plots in municipal property can be provided. But there are conditions:

• the plot must be allocated for individual housing construction within the framework of social programs;
• mortgage must be associated with obtaining a loan for the arrangement of this area;
• the decision on the possibility of pledge is made by the municipal authority.

The land plot acquired at the expense of credit funds is transferred to the deposit from the date of registration of ownership. In the event that the owner wants to build any buildings or structures on Earth, he does not need to ask permission of the pledgee. Only, if this does not contradict the contract, these buildings will also be the subject of pledge. This is exactly the moment when the principle of indivisibility works, that is, the buildings cannot exist separately from the site, respectively, they are also included in the deposit.

Consider another case. For example, a citizen X has a land plot acquired for personal funds and not having encumbrances. Once he decided to build a residential building on the means of a mortgage loan. The bank issued money and from that moment took a deposit. And then, after the construction of the house and the design of rights to it, the house also takes a deposit. The same principle of indivisibility. Only in this case the lender initially took the land of the land, because the housing is not yet built, and the loan must be something provided.

Appeal to land recovery occurs also by open trading. Important feature has the implementation of agricultural land. As long as the harvest is not assembled and not implemented, penalties cannot be drawn to these lands.

Disassembled in detail in the last article.

Mortgage on non-residential premises

Mortgage of non-residential premises has a number of features that are described in the relevant section of the law.

So, the enterprise as a single property complex is transmitted to the mortgage with all property, which is located on the territory, including the land.

A separate non-residential premises is transferred to the pledge completely, together with the land plot.

At the same time, the mortgagee cannot in any way prevent or limit the right of the pledger for the use of property. Exceptions are only transactions with the alienation of real estate and transfer it to the deposit.

The company can be transferred to the deposit only if the amount of debt obligations is at least half of the estimated value of the property. The time of presentation of claims for the recovery of pledge - at least one year from the date of conclusion of the contract.

Suppose an enterprise N transferred to the Mortgage of the Bank Y under the loan agreement for a period of 9 months. If the company does not pay off the debt, the bank still cannot start a recovery procedure earlier than 12 months from the date of signing the document.

By the way, to recover debt from the mortgage enterprise is possible only by court decision.

Mortgage of residential buildings and apartments

For residential buildings and apartments, there are also special requirements for the transfer of them to the mortgage, as they may be a place of residence not only the pledger.

Immediately it is worth noting that the mortgage of residential premises in municipal property is not allowed. For other objects there are a number of features:

1. With the alienation of the property in which minor children are registered, the permission of the guardianship authorities is required.
2. During the construction of a housing home, the mortgage can be provided with materials and equipment, but after the construction of the finished house is transferred to the deposit.
3. According to Article 77 of the Law, the residential premises, which bought for credit money is transferred to the deposit since the registration of property rights.
4. With the "military mortgage" housing is pledged by the lender and the state body, which payments to the repayment of the loan.

By the way, the Council of Federation recently adopted amendments to the Law "On the Accumulative Mortgage System", according to which money charges for the "military mortgage" takes place. Now a larger number of categories of servicemen have the right to restore their account after re-entering the service.

The most important point in this section is the point of recovery of accommodation. This fact is the basis for evicting tenants. It is carried out in accordance with the requirements of the legislation. This moment is described in detail in Art. 78.

As can be seen, this federal law gives a fairly distinct representation. This is an effective tool that regulates the mortgage transaction market in Russia. What is important is a living document that, not always lightning, responds to changing the current situation and allows you to develop housing construction in the country.

Whatever we think about mortgage, the mortgage every year becomes only easier. Considerable merit belongs to the mortgage legislation. You can learn more.

If you need a qualified assistance of a mortgage lawyer, protect your interests in front of the bank or the second half when divorced, we recommend signing up for a free consultation to our lawyer. He will provide professional assistance and prompt effective way out of your situation.

Many Russians enjoy the right to leave the property on bail today. However, not everyone studied the Federal Law "On Mortgage", directly regulating one of the lending areas. This article will present a brief description of the basic moments of this draft law.

About mortgage

What is a mortgage agreement in general? The current Law "On Mortgage" states that one side of the transaction should be a pledgee, that is, the lender, and the second party - the pledger, or simply the debtor. The mortgager is provided by a mortgage, because of which he appears one important duty: to satisfy the monetary requirements of the mortgager, which provided immovable property.

The Law "On Mortgage" states that enterprises can include enterprises, buildings, apartments, land plots and some other elements. The turnover of these types of ownership should be regulated by the relevant law.

Requirements that are provided with mortgage, are not so great: it is paying a creditor to the interest due to the use of a loan. As a rule, the mortgage agreement establishes a solid amount of the main and additional requirements of the pledgee. Any such agreement should strictly comply with the Law "On Mortgage".

About the subject of mortgages

What property can act as a legitimate mortgage subject? According to the law under consideration, it is worth highlighting here:

• land plots whose area is greater than the minimum size or corresponds to it;
• buildings and enterprises used for business activities;
• residential houses and apartments with isolated rooms;
• garages, garden houses and cottages;
• air, marine or space ships;
• machine-space.

The Law "On Mortgage" states that the subject of mortgages are also accessories laid down with the main thing. At the same time, parts of the property of indivisible things cannot act as the subject of the contract.

Conclusion of the Treaty

An important point in the entire mortgage lending process is the competent conclusion of the contract. This should occur in accordance with the norms of the Russian Civil Code. The content of the contract should reflect the following:

• directly the subject of the mortgage, its being, size and evaluation characteristic;
• the name and location of the subject (for accurate identification of the case laid);
• accurate characteristic of the obligation, which is ensured by the mortgage agreement, as well as the basis of the emergence and period of the contract;
• the order and the necessary conditions for determining the amount, if the amount will be determined in the future;
• periods of payments and their dimensions, if the subject of mortgage lending will be implemented in parts;
• an indication of the mortgagee license certificate.

And what exactly is called mortgage? What is this document and what does he have to have to a mortgage agreement? The answers to all these questions are contained in the third chapter of the Law "On Mortgage" (FZ No. 102).

About mortgage

The mortgage is a valuable patch type. Thanks to this document, the following rights of its owner are subject to the certificate:

• the right of deposit on property that is the subject of a mortgage agreement;
• the right to fulfill monetary mortgage obligations.

Other form of certificate, in addition to the mortgage, until the law is installed. In this case, those who are responsible, according to the mortgage, are both the mortgagor and the debtor. Compilation of the mortgage is always engaged in the pledger.

In what cases issuing mortgages can not be implemented? The corresponding Federal Law calls the following conditions:

• the object of mortgage is the property complex;
• the amount of mortgage debt and also there are no conditions that would help determine this amount.

A particularly important point is the content of the mortgage, which will be described further.

According to the current version of the Law "On Mortgage", at the time of issuing the initial mortgagee to the mortgage must necessarily maintain:

• names and information certifying the identities of the mortgager and the pledgee (information requirements will be a little varied depending on the individuals of the contract);
• the name of the contract provided by the mortgage;
• indicating the necessary mortgage amount, as well as percentage;
• indication of the timing of the amount of payment;
• the information necessary to identify the property to which mortgage is established;
• signatures of the Parties to the Treaty, as well as information on the state registration of the mortgage agreement.

The compiler of the mortgage is fully responsible for damages arising in connection with the elimination of the mortgage or due to the inconsistency of its reality. It is also worth noting that it is possible to cancel the individual requirements of the considered document, if the inconsistencies were detected almost immediately after compiling.

State registration

Article 20 of the Federal Law on Mortgage as a pledge of real estate states on the procedure for state registration of the entire process. As you know, the mortgage can enter into legal force only after the relevant state registering. A notarized contract signed by both participants of the transaction is a source of mutual responsibilities.

If there is a mortgage in which the pledgee rights would have made, the registration authority may require the mortgage itself, as well as the documents specified in it. According to the results of registration, information about the new mortgagee will be entered into a single state registry.

Property use

The pledger who received the right to use this or that property has the opportunity to extract all incomes and fruits from the subject of the contract, if this does not harm property and cannot reduce its cost. The lender cannot limit the rights to use the property of the pledger. What else is able to make a debtor?

According to the Currency Mortgage Law, the pledger is obliged to maintain the property in good condition and in a timely manner to carry the costs of its content - until the mortgage contract is stopped. In essence, these two responsibilities are the main in the debtor. Additionally, it is worth noting the implementation of capital and current repairs, insurance processes, adopting measures to protect the laid property from damage or loss and much more. The law states that the pledger is obliged to defend its property from claims of third parties, as well as to ensure its safety.

Provision of property

The sixth head of the draft law is reading about the possibility of the transfer of the right to property, laid down on a mortgage agreement, to other citizens. We are talking about the processes of donation, sales or exchange implemented by the pledger. But how can this be planned? Everything is not so difficult here.

The main point to pay attention to is an indication of the possibility of transition of property in the mortgage. If such a condition in the document is not written, then the pledger simply will not be able to take advantage of all the above rights (the exception is the inheritance of property in the will).

The person becoming the place of the pledger acquires a number of duties. Thus, the deposit of property remains legal force until the debtor fulfills all the duties assigned to it.

Separately, it is worth noting the responsibility imposed on the pledgers in the event of a violation of the rules. It is established by the Russian Civil Code.

The remaining norms of the law

Is it possible to adopt the subsequent mortgage in the key to providing the preceding, outstanding mortgage? The law, in particular the seventh chapter, regulates such an opportunity, subject to the observance of some nuances.

The Ninth Chapter states about the right of the pledgee to pay for property to meet legitimate requirements that are not executed by debtors. It should happen in court. Chapter Tenth regulates the implementation of property by making a decision on implementation also belongs to the court. Finally, the eleventh head of the draft law "On Mortgage" considers in detail the types of individual land plots subject to and not subject to mortgage.

Probably the most readable among Russian pledgers is chapter 13, telling about the features of the mortgage of residential apartments and houses. It refers to the requirements for such types of property. This, for example, the availability of isolated rooms, the need for state registration of real estate and some other moments. At the same time, the repayment of the mortgage law interprets as a full fulfillment of its obligations.

(property pledge)

last edition of 05.10.2015

Chapter I. Basic provisions

Article 1. The basis for the emergence of the mortgage and its regulation

Article 2. The obligation provided by the mortgage

Article 3. Requirements provided by mortgage

Article 4. Ensuring the mortgage of additional expenses of the mortgagee

Article 5. Property that can be the subject of mortgage

Article 6. The right to give property secured under the mortgage agreement

Article 7. Mortgage of property owned by

Chapter II. Conclusion of a mortgage agreement

Article 8. General rules for concluding a mortgage agreement

Article 9. Content of the mortgage agreement

Article 9.1. Features of the terms of the loan agreement, the loan agreement, which are concluded with an individual for purposes that are not related to the implementation of entrepreneurial activities and the obligations of the borrower on which mortgage is provided

Article 10. State Registration of the Mortgage Treaty

Article 11. The emergence of the mortgage as encumbrances

Article 12. Warning of the pledgee on the rights of third parties for mortgage

Chapter III. Mortgage

Article 13. Basic mortgage provisions

Article 14. Contents of the mortgage

Article 15. Applications for mortgage

Article 16. Registration of the owners of the mortgage

Article 17. Implementation of the rights to mortgage and fulfillment of a secured mortgage obligation

Article 18. Restoring the rights to the lost mortgage

Chapter IV. State registration of mortgage

Article 19. Basic provisions on state registration of mortgage

Article 20. The procedure for state registration of the mortgage

Article 21. Refusal of state registration of mortgage and suspension of state registration of mortgage

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

Article 23. Correction, Change and Supplement Registration Recording on Mortgage

Article 24. State duty

Article 25. Repayment of the mortgage registration record

Article 25.1. Repayment of the mortgage registration record in the event of the liquidation of the pledgee, which is a legal entity

Article 26. Public Character of State Registration Mortgage

Article 27. Appealing actions related to state registration of the mortgage

Article 28. The responsibility of the body registering the mortgage

Chapter V. Ensuring the safety of the property laid under the mortgage agreement

Article 29. Use of the pledger of the following property

Article 30. Content and repair of laid property

Article 31. Insurance of the laid property. Liability Insurance of the Lender Borrower and Financial Risk Insurance

Article 32. Measures on the protection of the mortgaged property from loss and damage

Article 33. Protection of the mortgaged property from claims of third parties

Article 34. Law of the pledgee to check the pledged property

Article 35. Rights of the pledgee in improper provision of preservation of mortgaged property

Article 36. Consequences of loss or damage to the laid

Chapter VI. Transfer of rights to property laid under the mortgage agreement, to other persons and the burden of this property by the rights of other persons

Article 37. Estimated property

Article 38. Conservation of mortgages when moving rights to the mortgaged property to another person

Article 39. Consequences of violation of the rules for the alienation of the laid property

Article 40. Expressing the rights of other persons

Article 41. The consequences of forced withdrawal by the state of the laid

Article 42. The consequences of the owned property

Chapter VII. Subsequent mortgage

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

Article 44. Prevention of mortgagers about previous and subsequent mortgages. Changing the preceding mortgage agreement

Article 45. State registration of the subsequent mortgage

Article 46. Satisfying the requirements of mortgagers in prior and subsequent mortgages

Chapter VIII. The assignment of rights under the mortgage agreement. Transfer and mortgage pledge

Article 47. The assignment of rights under a mortgage agreement or a secured mortgage obligation

Article 48. Transfer of rights to mortgage

Article 49. Pledge of mortgage

Chapter IX. Appeal to the recovery of property laid under the mortgage agreement

Article 50. The basis for the appeal of the recovery on the mortgaged property

Article 51. Judicial procedure for the recovery of the mortgaged property

Article 52. The jurisdiction and jurisdiction of cases of recovery to the mortgaged property

Article 53. Measures to protect the interests of other mortgagers, missing mortgagers and other persons

Article 54. Questions permitted by the court when considering the case on the appeal to the mortgaged property

Article 54.1. Grounds for refusal of recovery to the mortgaged property

Article 55. Appeal for the laid down property in an extrajudicial manner

Article 55.1. The settlement agreement on the obligation provided by the mortgage, when recovering a mortgage

Article 55.2. Procedure for sending notifications and requirements

Chapter X. Implementation of the laid property for which recovery

Article 56. Implementation of the stored property

Article 57. The procedure for holding public auctions during the enforcement proceedings

Article 58. Announcement of public trading failing

Article 59. Implementation of the stated property under the Agreement of the Parties

Article 59.1. Leaving

Article 60. Termination of recovery to the mortgaged property and its implementation

Article 61. Distribution of the amount extended from the implementation of the laid property

Chapter XI. Features of land mortgages

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

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

Article 63. Land plots not subject to mortgage

Article 64. Mortgage of the land plot on which there are buildings or structures owned by the Lent

Article 64.1. Mortgage of land plot acquired using bank credit funds or other credit organizations or means of a target loan

Article 64.2. Mortgage of the land plot on which there are buildings or structures acquired or built using bank credit or other credit organizations or the means of a target loan

Article 65. Construction of buildings or structures on the laid land

Article 66. Mortgage of the land plot on which there are buildings or structures belonging to third parties

Article 67. Estimation of the land plot with its mortgage

Article 68. Features of the appeal to the laid land plots and their implementation

Chapter XII. Features of the mortgage enterprises, buildings, structures and non-residential premises

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

Article 69.1. Mortgage of buildings, structures and non-residential premises acquired using bank credit funds or other credit organizations or means of a target loan

Article 70. Mortgage enterprise as a property complex

Article 71. Obligations that can be ensured by a mortgage of an enterprise

Article 72. Rights of the pledger for the laid enterprise

Article 73. Appeal of recovery on the laid enterprise

Chapter XIII. Features of mortgages of residential buildings and apartments

Article 74. Application of rules for mortgage of residential buildings and apartments

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

Article 76. Mortgage of residential buildings under construction

Article 77. Mortgage of residential buildings and apartments acquired at the expense of a bank loan or another credit organization

Article 77.1. Mortgage of a hired house

Article 78. Appeal of recovery on the laid house or apartment

Chapter XIV. Final provisions

Article 79. The introduction of this Federal Law

Tax for mortgage

Notarial identity deals

Limit of a penalty for mortgage

Mortgage is one of the types of long-term lending to the bank. Thanks to this loan, you can purchase residential and non-residential objects. The state carefully monitors the activities of creditors in the real estate creditors, so mortgage is regulated by the Federal Law "On Mortgage (Property Pledge)" No. 102-ФЗ. Often this law is being finalized, amendments are made to it. In addition, the tax legislation and the rules of state registration of real estate change. Special programs are being created for certain categories of citizens and lending conditions are complemented. Therefore, so that you know what to pay attention to when receiving a mortgage in 2016, we will tell you on the most important changes in the Mortgage Law and the concomitant amendments in other areas.

Tax deduction for mortgage. One of the first innovations in 2016 was the fact that from January 1, 2016, the rules of taxation of the income of individuals received from the sale of real estate were changed. Previously purchased property in the property, you did not pay the tax upon subsequent sale if it was in your property for more than three years. Now the minimum lifetime of real estate in which the seller is not subject to tax on sale is 5 years. This change concerns only the property acquired from January 1, 2016.

But there are exceptions. The property that was inherited by inheritance, a donation agreement from the nearest relatives, as well as as a result of the transfer of property to the payer for rent or under a lifetime agreement with dependency - for these cases, the period of ownership of real estate, after the expiration of the sale of property will not pay the tax , as before, just 3 years.

How does this change affect the mortgage market? First of all, it makes it difficult to choose an apartment, because many sellers do not want to pay tax and will wait for the expiration of the specified period or ask you to pay extra taxes separately to the cost of the apartment. And if a new building is sold with a fresh evidence of the right of ownership, the total period of waiting for the seller will become even more. After all, at first he was waiting for a year or two buildings at home, and now for another five years from the moment of registration of the right.

Previously, avoiding the tax could be "having understated" the cost of real estate in the contract of sale. Now it is impossible.

Tax when selling real estate in 2016, now calculate or from a contract price or from the cadastral value of the object (with a downward coefficient), depending on which price is greater. Especially for these purposes a state cadastral assessment was carried out and it was almost equal to the market value of real estate.

If the amount in the contract is more cadastral value, the tax will amount to 13% minus 1.000.000 rubles (tax deduction) or minus expenses on the previous transaction to the seller's choice. For example:

Cost in DKP - 5.000.000 rubles and it is above cadastral value.
The tax is calculated:
1. From 5.000.000 minus 1.000.000 (tax deduction) \u003d 4.000.0000.
The tax will amount to 13% of 4.000.000, that is, 520.000 rubles.
2. If the apartment is purchased for 3.500.000 rubles before it, then:
From 5.000.000 minus 3.500.000 (previous consumption) \u003d 1.500.000
The tax will amount to 13% of 1.500,000, that is, 195.000 rubles.

If in the contract you specify the amount less than the value of the property according to the cadastral statement, the tax is calculated from the cadastral value multiplied by a lowering coefficient of 0.7. The tax will amount to 13% minus 1.000.000 rubles (tax deduction) or minus costs over the previous transaction to the seller's choice. For example:

Cost in DCP 1.000.000 rubles T It is below the cadastral value (understatement).
Cadastral value 6.000.000 rubles.
1. The tax is calculated from 6.000.000 multiplied by 0.7 \u003d 4.200.000
Minus tax deduction 1.000.000 \u003d 3.200.000
The tax will amount to 13% of 3.200.000, that is, 416.000 rubles.
2. If the apartment was previously purchased for 3.500.000 rubles, then:
The tax is calculated from 6.000.000 multiplied by 0.7 \u003d 4.200.000
4.200.000 minus 3.500.000 (previous consumption) \u003d 700.000
The tax will amount to 13% of 700,000 rubles, that is, 91,000 rubles.

In fact, the tax calculates the amount from 70% of the cadastral cost of housing, and also allows you to use 1,000,000 rubles of tax deduction or subtract previous expenses. Therefore, at the moment there is no point in pointing the cost in the contract of sale less than 70% of the cadastral value.

Restriction of impetus for mortgage. Another important change in the mortgage law was the adoption in June 2016 by the State Duma of the Law on Limitting the Maximum Summary of Revost for Mortgage Treaties, in case the terms of the contract are violated. Now the amount of the penalty in the mortgage loan agreement should not exceed the key rate established by the Central Bank of Russia on the day of the credit agreement. If the interest on the loan agreement is not accrued, the amount of the penalty should not exceed 0.6% of the amount of overdue debt for every day of violation of the terms of the loan agreement. Previously, the banks themselves established the dimensions of the penalty and it happened that people who fell into difficult situations were in the end turned out to be the bank of the amounts much more exceeding the initial loan and interest on it.

Notarial certificate of real estate transactions.In 2016, the law that all transactions on the alienation of real estate in general property are subject to a notarial certificate. The Federal Law 172 regulates a notarized certificate of all transactions with property shares, even if all property owners are participants in the transaction. This service for the notary costs it is not suiced, its value is made up of the established percentage of the cost of selling real estate, plus the established tariff and related expenses.
That is, if you have not one seller, but a few (husband and wife, relatives, etc.), it is impossible to conclude a sales contract in a simple writing in a bank. Be sure to go to the notary and conduct a deal in his form. Of course, this negatively affects the mortgage market. First, it extends the exit date for the transaction. Make sure this transaction has the authority is far from every notary, it can only be done by the notary territorially enshrined at the address. First you need to find and make an appointment. Next, the bank and notary need to coordinate the acceptable form of the contract so that the wishes of the bank, the notary, seller and the buyer are taken into account. And this most often also takes a few days. Secondly, these are additional expenses (about 25,000 rubles), which will most likely fall on the shoulders of the buyer, because Sellers act on the principle "You buy - you and pay."

Military mortgage will not be displayed in credit history. In the summer of 2016, the Ministry of Defense prepared a legislative initiative that the data on military personnel, which issued a "military mortgage", should be removed from credit history. This legislative initiative was caused by the fact that the servicemen do not participate in the payment of the loan, as it makes "Rosvoenipotek" for them. If this bill is adopted, then the data on the "military mortgage" will no longer be transmitted to the credit bureau. If this information has previously been submitted to the credit history, then any serviceman will be able to write a statement demanding to eliminate the military mortgage from it.
These changes in the legislation on mortgage and related areas affect the mortgage lending market as positive and negatively. Some of them may still be refined and will become better. One way or another, all of them should be taken into account when making a mortgage. We hope that our article on weeds in the mortgage law in 2016 in this