RUSSIAN FEDERATION FEDERAL LAW On a mortgage (real estate mortgage) adopted by the State Duma on June 24, 1997 Approved by the Federation Council on 9 July 1998 class="ed">(In the wording of federal laws of 09.11.2001 N 143-FZ; , 11.02.2002 N 18-FZ; of 24.12.2002 N 179-FZ; of 05.02.2004 N 1-FZ; dated 29.06.2004 N 58-FZ; of 02.11.2004 N 127-FZ; dated 30.12.2004. N 214-FZ; of 30.12.2004 N 216-FZ; of April 4, 2006 N 201-FZ; of 18.12.2006 N 232-FZ; 26.06.2007 N 118-FZ; of 04.12.2007 N 324-FZ; dated 13.05.2008 N 66-FZ; of 22 December 2008 N 264-FZ; dated 30.12.2008. N 306-FZ; dated 17.07.2009 N 166-FZ; dated 17.06.2010 N 119-FZ; dated 28.06.2011 N 168-FZ; as of 1 July 2011 N 169-FZ; of 06.12.2011 N 405-FZ; dated 07.05.2013 N 101-FZ; of 21 December 2013 N 363-FZ; dated 23.06.2014 N 169-FZ; dated 23.06.2014 N 171-FZ; dated 21.07.2014. N 217-FZ; dated 29.12.2014 N 476-FZ; dated 31.12.2014 N 499-FZ; of 06.04.2015 N 82-FZ; 05.10.2015 N 286-FZ Chapter I. BASIC PROVISIONS Article 1. The reasons for the mortgage and its regulation 1. Under a collateral contract (mortgage contract), one party-the mortgagee, the creditor of the secured mortgage obligation, has the right to obtain satisfaction of his or her monetary claims against the debtor A liability from the value of the mortgagee's mortgagee, primarily to other creditors of the borrower, for exemptions set out in federal law. The holder may be the debtor of the secured mortgage or a person who is not a party to that obligation (third party). The mortgagee remains in possession of the mortgaged property. 2. Bail of immovable property arising under federal law in the event of the circumstances described in it (hereinafter referred to as the law), the rules on collateral arising out of the contract apply, respectively. on mortgages, unless otherwise stipulated by federal law. (In the wording of Federal Law of 11.02.2002) N 18-FZ) 3. The general rules on bail contained in the Civil Code of the Russian Federationapply to the relationship under the mortgage contract in cases where The Code or the present Federal Act does not establish other rules. 4. A log of land, facilities, buildings, apartments and other immovable property may only be raised as long as their turnover is permitted by federal law. Article 2. The mortgage bond Mortgage Mortgage can be established in the provision of a loan contract, a loan or other obligation, including a commitment based on buying and selling, renting, contracting, other contract, harming, unless otherwise provided by federal law. The liabilities secured by a mortgage are subject to accounting by the creditor and the debtor, if they are legal entities, in accordance with the procedure established by the law of the Russian Federation on accounting. Article 3. Mortgage requirements 1. Mortgage provides the payment of the principal amount of the debt under the loan contract or other secured mortgage to the mortgage bond. The Ipoteka installed in the enforcement of the loan contract or loan contract with the payment of interest also provides payment to the creditor (the borrower) interest on loan usage (borrowed funds). If the contract is not otherwise specified, the mortgage also provides payment to the mortgagee of the amounts due to it: 1) in damages and/or as a penalty (fine, penalty) due to non-performance, delay of execution or other improper performance of the secured mortgage; 2) as a percentage for the improper use of other people's money, as provided for by the secured mortgage or by federal law; 3) in reimbursement of costs and other expenses incurred by the (a) Refers to the foreclosed property; 2. Unless the treaty otherwise provides, the mortgage provides the requirements of the mortgagee to the extent to which they are available at the time of their satisfaction at the expense of the mortgaged property. 3. If the mortgage contract specifies the total amount of claims of the mortgagee secured by the mortgage, the debtor's obligations to the mortgagee in excess of that amount are not considered to be secured mortgages, except for claims, based on paragraphs 3 and 4 of paragraph 1 of this article or article 4 of this Federal Act. Article 4. Provision of a mortgage for additional costs in cases where the mortgagee is in accordance with the terms of the mortgage contract or the need to ensure the preservation of the mortgaged property the contract shall bear the cost of its maintenance and/or the protection or payment of the arrears of the holder for the related property taxes, fees or charges, and the reimbursement of the cost to the holder of such necessary expenses shall be provided for of the collateral. Article 5. Property that could be the subject of a mortgage 1. Under the mortgage contract, immovable property referred to in article 130, paragraph 1, of the Civil Code of the Russian Federation may be laid down, right to which is registered in the order established for the state registration of rights to immovable property and transactions with it, including: (In the wording of Federal Law , 30.12.2004 N 216-FZ ) 1) land, except for the land referred to in Article 63 of this Federal Law; 2), as well as buildings, installations and other immovable property used in business; 3) houses, apartments and parts of houses and apartments consisting of one or more isolated rooms; 4) villas, garden houses, garages and other consumer structures; 5) aircraft and vessels, inland navigation vessels and space objects. Buildings, including houses and other buildings, and buildings directly related to land, may be subject to mortgages, subject to the rules of article 69 of this Federal Law. Absence of state registration of ownership of plots of land that is not publicly owned is not an obstacle to the mortgage of such plots in accordance with the law. Article 62-1 of this Federal Act. (Paragraph is supplemented by Federal Law of 18.12.2006. N 232-FZ 2. The rules of this Federal Law apply to the pledge of construction of immovable property erected on the plot of land in accordance with the requirements of the legislation of the Russian Federation, including Buildings and structures, subject to the rules of article 69 of this Federal Act. (In the wording of Federal Law of 11.02.2002) N 18-FZ) 3. Unless otherwise provided for by the contract, a thing which is the subject of a mortgage is deemed to be mortgaged together with accessories (article 135 of the Civil Code of the Russian Federation) as a whole. 4. A portion of the property, whose section in kind is impossible without change of its purpose (indivisible property), cannot be an independent subject of a mortgage. 5. The Mortgage Rules, respectively, apply to the tenor of the tenancy rights under the lease of such property (lease), since the other is not established by federal law and is not inconsistent with the substance of the lease. Rules for mortgages of real property are also applied to the rights of the Participant in the equity construction, arising from the contract of participation in the equity construction, which meets the requirements of the Federal Law of 30 December 2004 No. 214-FZ "On participation in and amendments to certain legislative acts of the Russian Federation in the construction of apartment buildings and other real estate objects" (hereinafter referred to as the Federal Law "On participation in equity construction") of multi-apartment buildings and other objects of real estate and of changes in Some legislative acts of the Russian Federation "). The paragraph is supplemented by the Federal Law of April 4, 2007. N 324-FZ; as amended by Federal Law of 17 June 2010 N 119-FZ) Article 6. The right to pledge property on a contract of mortgage 1. Mortgage may be set up by the property referred to in article 5 of this Federal Act, which belongs to the mortgage holder on the right to own property or to the right to economic management. 2. Mortgage of property seized from turnover or property not permitted under federal law to be recovered, as well as property in respect of which is provided for in the prescribed federal law Mandatory privatization or privatization of which is prohibited. 3. If the subject of a mortgage is property that requires the consent or authorization of another person or authority, the same consent or permit is required for the mortgage of the property. The Government of the Russian Federation or the Government (Administration) of the constituent entity of the Russian Federation THE RUSSIAN FEDERATION 4. The right of a lease may be the subject of a mortgage with the consent of the lessor, unless the federal law or the lease contract provides otherwise. In the cases stipulated in article 335, paragraph 3, of the Civil Code of the Russian Federation, the owner of the leased property is also required or the person holding the right to economic activity. 5. The mortgage of immovable property is not the basis for the release of a person who has made a mortgage on behalf of the mortgage, on the terms of which it participated in the investment (commercial) competition, auction or otherwise, The process of privatization of the property that is the subject of this pledge. 6. The mortgage extends to all indistinguishes improvements to the subject of mortgage, unless otherwise stipulated by the treaty or by this Federal Law. (The paragraph is supplemented by the Federal Law of 30 December 2004. N 216-FZ) Article 7. Mortgage of property in common ownership property 1. In the case of property in common ownership (without determining the ownership interest of each property owner), the mortgage may be established with the consent of all owners. Consent must be given in writing unless otherwise specified by federal law. 2. A member of the shared property may lay down its share in the right to common property without the consent of the other owners. If a claim is made at the request of the requesting party, the rules of articles 250 and 255 of the Civil Code apply to this portion of the sale. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (art. 290 Civil Code of the Russian Federation). Chapter II. OPINION OF THE TREATY ON IDOTEXT Article 8. The general rules for the conclusion of a mortgage contract The mortgage contract is subject to the general rules of the Civil Code of the Russian Federation on the conclusion of contracts, as well as the provisions of this Federal Law. Article 9. The content of the mortgage contract 1. The mortgage contract must specify the subject matter of the mortgage, its assessment, the substance, the amount and the period of performance of the mortgage. 1-1. The parties may make provision in the mortgage contract for the possibility of foreclosing on the foreclosable property and (or) ways and means of disposal of the foreclosable property upon the decision of the mortgage court. If a mortgage arises due to the law, the parties are entitled to provide in a separate agreement the terms and conditions for the disposal of the foreclosed property upon the application of the court's decision. The agreement applies to the form and state registration rules established by federal law for a mortgage contract. href=" ?docbody= &prevDoc= 102054365&backlink=1 & &nd=102152688 "target="contents" title= " "> dated 06.12.2011 N 405-FZ) 2. The subject of a mortgage is defined in the contract by specifying its name, location and sufficient description to identify the subject. The mortgage contract must specify the right in which the property that is the subject of the mortgage belongs to the mortgage holder and the name of the registration authority for the registration of rights to immovable property. property and transactions with it (hereinafter referred to as the State registration authority)who registered the right of the holder. (In the wording of Federal Law of 30.12.2004) N 216-FZ If the mortgage is owned by a mortgagee, the leased property must be defined in the mortgage contract as if it were the subject of the mortgage, and must be specified Rent duration. 3. The assessment of the subject of the mortgage is determined in accordance with the law of the Russian Federation on the agreement of the mortgage holder with the application of the requirements of Article 67 of this Federal Law with respect to the mortgage of the land area and is specified in a mortgage contract in monetary terms. In the case of mortgages of state and municipal property, the assessment shall be carried out in accordance with or in accordance with the requirements established by federal law. (Paragraph third is excluded-Federal Law of 09.11.2001) N 143-FZ) In the event of a pledge not completed by the construction of real estate held in state or municipal property, the market value of the property is valued. (Paragraph is supplemented by Federal Law of 09.11.2001. 143-FZ) 4. The mortgage obligation must be named in the mortgage contract, specifying the amount of the mortgage, the reason for the creation and the period of execution. Where this obligation is based on a treaty, the parties to the treaty must be specified, the date and place of its conclusion. If the amount of the mortgage secured is to be determined in the future, the mortgage contract must specify the order and other necessary conditions for its definition. 5. If the mortgage secured is to be executed in instalments, the mortgage contract must specify the timing (frequency) of the corresponding payments and the size of the mortgage or the conditions for determining the amounts. 6. If the holder's rights under article 13 of this Federal Act are certified by a mortgage contract, this is specified in the mortgage contract, except for the issuance of mortgages. class="ed"> (In the Federal Law of 11.02.2002) N 18-FZ) Article 9-1. The characteristics of the loan contract, loan contract entered into with by an individual for purposes other than the business activity, and The borrower's obligations under the mortgage 1. In the loan contract, the loan contract, which is concluded with a natural person for purposes not related to the business activity, and the obligations of the borrower by which the mortgage is secured, the full value must be determined Loans (loans) secured by a mortgage in accordance with the requirements established by the Federal Law on Consumer Credit (Loan). 2. To the credit agreement, the loan contract, which is concluded with a natural person for purposes not related to the business activity, and the obligations of the borrower by which the mortgage is secured, the requirements of the Federal Law " O a consumer credit (loan) " in part: 1) of the full cost of the loan (loan) on the first page of the loan contract, the loan contract; (2) the prohibition on the creditor being charged for the performance by normative legal acts of the Russian Federation Federation, as well as for services, which the creditor acts solely in its own interest and as a result of which it does not create a separate property benefit for the borrower; 3) location of the information about the conditions Provision, use and return of credit (loans) in the field of service provision (loan applications (loans), including in the Internet Information and Telecommunications Network); 4) to provide a schedule to the borrower credit contract payments, loan contract. (The article is supplemented by the Federal Law of 21 December 2013). N 363-FZ) Article 10. State Registration of a mortgage contract 1. The mortgage contract is concluded in writing by drafting a single document signed by the parties and is subject to State registration. (...) (...) N 405-FZ) A treaty that does not contain any of the data referred to in article 9 of this Federal Law or breaches the rules of article 13, paragraph 4, of this Federal Act, shall not be subject to State registration as a State The mortgage contract. Failure to comply with the rules on State registration of a mortgage contract results in its invalidity. Such a treaty is considered null and void. 2. The mortgage contract is considered to be a prisoner and comes into force from the moment of its state registration. 3. When a mortgage agreement is included in a loan or other contract containing a secured mortgage, the requirements for the mortgage contract must be complied with in respect of the form and the State registration of the mortgage. 4. If the mortgage contract specifies that the rights of the holder pursuant to article 13 of this Federal Law are certified by the mortgage, the right of the holder of the contract to the public registration authority shall be submitted. mortgage. If the conclusion of the relevant treaty results in a mortgage on the basis of the law, a contract and mortgage are made in the case of the mortgage. The state registration authority makes a note of the date and place of the state registration of such a contract, numerals and seals the sheets of the mortgage in accordance with paragraph 2 of article 14, paragraph 3. Federal law. (...) (...) N 264-FZ) If the contract on which the mortgage was issued and issued, it was stated that the date of issuance of the mortgage by the State registration authority, the contract The mortgage and the contract, the obligation of which is secured by the mortgage, are terminated, all relations between the mortgage, the debtor and the mortgage holder are governed by this mortgage. (Paragraph is amended by the Federal Law of 22 December 2008). N 264-FZ) 5. State registration of a mortgage contract entered into for the repayment of a loan or loan granted for the payment of previously granted loans or loans for the purchase or construction of a dwelling or apartment, and the issuance of a mortgage, If the mortgage is provided for by this mortgage contract, the mortgage may be repaid and the mortgage issued in the case of a previously granted loan or loan subject to the submission of such a mortgage. A mortgage on a public registration authority. The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) 6. In case the parties have notarized the mortgage contract or a contract giving rise to a mortgage due to the law, for the purpose of providing relevant information to the Single State Register of Rights to Real Property and Transactions with it The applicant shall be submitted to a public registration authority, notarized copy of the contract. If, in the event of the parties referred to in this paragraph, one party to a mortgage contract or a contract giving rise to a mortgage on the law, notarized copies of the certificate Such treaties are not submitted to the State registration authority, the condition that the foreclosed property does not apply out of court order. (Item padded-Federal law dated 06.12.2011 N 405-FZ) (Article as amended by Federal Law of 30.12.2004) N 216-FZ) Article 11. The emergence of a mortgage as a charge 1. The State registration of the mortgage contract is the basis for the introduction into the Unified State Register of rights to immovable property and transactions with the mortgage. State registration of a contract giving rise to a mortgage due to the law is the basis for the introduction of rights to immovable property and transactions with it on the creation of a mortgage due to the law in the Unified State Register. (Paragraph 3 is no. n 127-FZ) 2. Mortgage is a burden of property laid down under a mortgage contract or a mortgage arising under the law comes from the moment of state registration of mortgages. (...) (...) N 405-FZ) 3. The mortgagee's rights under this Federal Law and the mortgage contract (the right of deposit) are deemed to have arisen from the moment the mortgage record was introduced into the Unified State Register of Real Estate Rights and Transactions, Unless otherwise specified by federal law. If the mortgage liability arose after the introduction of the Single State Register of Real Estate Rights and Mortgage Transactions, the rights of the mortgagee arose from the time the obligation arose. The rights of the mortgagee (right of pledge) are not subject to state registration. (Article in the wording of Federal Law The mortgage may be certified by the mortgage holder's rights under the law and by the secured mortgage, unless otherwise specified by this Federal Law. (The paragraph is supplemented by the Federal Law of 11.02.2002). N 18-FZ) The mortgage of a mortgage on the law and on the secured mortgage liability applies the mortgage provisions for mortgages of the treaty, unless otherwise established by this Federal Act. (Paragraph is amended by the Federal Law of 22 December 2008). N 264-FZ) 2. The mortgage is a security sheet that validates the following rights of its rightful owner: Right to be executed on monetary liabilities, secured mortgage, without other evidence the existence of these obligations; (as amended by the Federal Act of 22 December 2008). N 264-FZ) collateral for mortgage-related property. (Paragraph in the revision of Federal Law , 11.02.2002 N 18-FZ) 3. Mortgage and mortgage-related liabilities are owed by the secured mortgage debtor. 4. Compilation and issuance of mortgages is not permitted if: 1) the subject of the mortgage is: enterprise as a property complex; (Paragraph 3 of subparagraph 1 is no more effective-Federal Law dated 05.02.2004 N 1-FZ) (Paragraph 4 of paragraph 1 has been superseded by the Federal Law of April 4, 2006). N 201-FZ ) The lease of the property listed in this subparagraph; 2) a mortgage is secured, the amount of debt on which is not defined at the time of the conclusion of the contract and which does not contain The conditions for determining this amount at an appropriate time. In the cases covered by this paragraph, the mortgage terms in the mortgage contract are not valid. 5. The mortgage is made by the mortgage holder, and if he is the third person, also the debtor of the secured mortgage bond. The mortgage is issued to the original mortgagee, the State Registration Authority, after the state mortgage registration. A mortgage may be issued and issued to the mortgagee at any time before the end of the secured mortgage. If the mortgage is made after the State registration of the mortgage, a joint statement of the mortgage holder and the mortgage shall be submitted to the public registration authority and the mortgage issued to the holder in the mortgage One day from the date of the applicant's application to the authority exercising State registration of rights. (In the wording of the federal laws of 30.12.2004, N 216-FZ; of 22.12.2008 N 264-FZ) The transfer of mortgages and mortgages shall be in accordance with the procedure established by articles 48 and 49 of this Federal Law. 6. The debtor of the secured mortgage bond, the mortgage holder and the legal owner of the mortgage may modify the previously established conditions of the mortgage. (In the wording of Federal Law No. N 216-FZ)7. In the conclusion of the agreement referred to in paragraph 6 of this Article and paragraph 3 of Article 36 of this Federal Law, and the transfer of the debt on the secured mortgage bond, the agreement provides for the modification of the content by attaching the original of the agreement and by the official of the authority exercising state registration in the text of the agreement itself as an integral part of the consignment note, in accordance with article 15, paragraph 2, of this Federal Act, or Cancellation of a mortgage and, at the same time, the issuance of a new mortgage based on the relevant changes. The State Registration of the Agreement on the Change of Content of a Invoice, with an indication in the text of the contract itself as an integral part of the mortgage, must be implemented as a registration of the transaction within the period One day from the applicant's application to the public registration authority, the original of the mortgage and the agreement to change the content of the mortgage. An entry in a registered agreement to change the contents of a mortgage, specifying the date and number of its state registration, must be effected by the State registrar, certified by its signature and sealed by the press of the authority exercising State registration of rights. These activities are free of charge. In the event of cancellation of the mortgage and at the same time the issuance of a new mortgage, together with the application for changes to the records of the Unified State Register of Rights to immovable property and transactions with it, the mortgagee and the mortgagee shall be transferred to the authority exercising state registration of rights, subject to the cancellation of a mortgage and a new mortgage, which shall be issued to the mortgagee in lieu of the invalidated mortgage. An unfiled mortgage is kept in the archives of the authority exercising state registration until the mortgage registration record is repaid. In the case of depository custody (mortgage, recording and transfer of mortgages) of the invalidated mortgage, the new consignment note shall contain a note on its deposit account with the name and location of the consignment note. the depositary, which took into account the rights to the invalidated mortgage. (Paragraph in the wording of the Federal Law 22.12.2008 N 264-FZ) 8. The consignment note may be deposited with the depositary for its depositary. Depository records shall be deposited in the securities market participants of the securities market, which shall be issued in accordance with the procedure established by the Federal Act of 22 April 1996 No. 39-FZ "On the securities market". The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ)In the case where the deposit is effected by depositary, the depositary accounting shall be marked on the depositary containing the name and location of the depositary in which the deposit will be carried out. that's the record. The record of depository records may, where appropriate, be taken by the originator of the mortgage when it is issued or issued by the mortgage authority. Once the depositary accounting mark has been made, at any time on the basis of a contract with the depositary, the owner of the mortgage may transfer the deposit to the depositary of the depositary. When replacing the depot, the owner of the mortgage shall make a mark on the new depot with the name and location of the depositary. The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) 9. The deposit register should indicate that such records are either temporary or mandatory. In the case of a temporary depositary accounting, the owner of the consignment note shall be entitled at any time to request the depositary of the custody and registration of the consignment note. In the event of a mandatory depositary accounting of the consignment note, it may be issued by the depositary to the holder only for transfer to another depositary, to the courts, law enforcement agencies and bailiers, In the case of a person who is in the process of making a case related to the objects of immovable property and (or) their rights holders, as well as to transfer it to the authority exercising state registration of rights. The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) 10. In the case where the deposit is effected, the rights of the holder are confirmed by the depot account in the deposit account system (hereinafter referred to as the depot account). The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) 11. In the event that a deposit is effected by a depositary, the depositary shall be required, on the basis of the relevant instructions of the owner, to deposit the deposit account with the depositary, on the basis of the deposit. or a consignment note other than the transaction, as well as a special recording of the holder of the consignment note giving the mortgagee the right to sell the mortgage at the end of a certain period of time in order to retain the amount of the secured sum from the proceeds pledge. In the event of termination of the depositary deposit, the depositary shall make a encumbration of the encumbrations and transactions that are recorded in the accounts of the depositaries on the account of the depot at the time of termination the depositary of the Convention on the Rights of the The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) 12. In the case of a depository record, the transfer of the right to a mortgage and other transactions with the mortgage may only be effected by making appropriate records in the depot account. The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) 13. The depositary shall be entitled to hold its deposit and (or) records of other depositaries, if so provided by the depositary treaty. In this case, no additional check marks are made. The depositary shall be responsible for the actions of its designated depositary as for its own. The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ Article 14. The contents of the invoice 1. The { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b } mortgage href=" ?docbody= &prevDoc= 102054365&backlink=1 & &nd=102074863 "target="contents" title= " > from 11.02.2002. N 18-FZ; 30.12.2004 N216-FZ) 1) the word "mortgage" included in the title of the document; 2) the name of the holder and details of the identity document, or its name and location, if any Holder is a legal person; (In the wording of federal laws of 30.12.2004) N 216-FZ; of 22.12.2008 N 264-FZ) 3) the name of the original holder and the identification of the identity document and the location where the holder is a legal entity; class="ed"> (In the federal laws of 30/12/2004) N 216-FZ; of 22.12.2008 N 264-FZ) 4) the name of the loan contract or other monetary obligation which is secured by a mortgage, indicating the date and place of the conclusion of such contract or the establishment of the secured mortgage obligations; 5) the name of the debtor on the secured mortgage, if the debtor is not a mortgage, and details of the debtor's identity document, or its name and location If the debtor is a legal entity; Federal laws of 30.12.2004 N 216-FZ; of 22.12.2008 N 264-FZ) 6) an indication of the amount of the liability secured by the mortgage and the interest rate, if they are subject to payment under this obligation or the conditions permitting, at the appropriate time, to determine the amount and interest; 7) an indication of the duration of the payment of the obligation secured by the mortgage, and if the amount is to be paid according to the instalments (frequency) of the relevant payments and the size of each of them, or the conditions for determining the timing and the amount payment (debt repayment plan); 8) name and sufficient for Identification of the description of the property to which the mortgage is established and the location of the property; 9) confirmed by the evaluator's assessment of the monetary valuation of the property to which the mortgage is set; (Rev. Federal Act No. N 264-FZ) 10) the name of the right in which the property that is the subject of the mortgage belongs to the mortgage holder and the authority registering that right, indicating the number, date and place of the State registration, and if The subject of the mortgage is the owner's right to rent-the exact title of the property under lease, in accordance with subparagraph 8 of this paragraph and the duration of this right; 11) an indication that the property, which is the subject of a mortgage, is encumbered by the right of life, Lease, easements, other rights, or are not encumbered by any of the third parties subject to State registration at the time of the state registration of the mortgage; 12) the signature of the mortgagee and, if it is not a debtor, Also, the debtor's signature on the secured mortgage is also signed by the Federal Law No. N 264-FZ 13) on the State Registration of Mortgages, provided for in article 22, paragraph 2, of this Federal Law; (In the wording of Federal Law dated 30.12.2004. N 216-FZ) 14) the date of issuance of the mortgage on the mortgagee and the date of issue of the mortgage to the holder, if the mortgage is cancelled and a new mortgage is prepared, indicating the date of revocation In the case of a mortgage on the mortgage, the incorporation into the mortgage of the data referred to in subparagraph 10 of this paragraph shall be ensured by the authority exercising state registration of rights. The procedure for including this data in the mortgage is defined in article 22 of this Federal Act. (...) (...) N 18-FZ; 30.12.2004 N 216-FZ; of 22.12.2008 N 264-FZ) The document referred to as a "mortgage", however, does not contain any data referred to in subparagraphs 1 to 14 of this paragraph, is not a consignment note and is not subject to the issuance of the original mortgagee. 2. Data and conditions not provided for in paragraph 1 of this article may also be included in the mortgage. Individual conditions of mortgages can be determined by the approximate conditions developed for mortgages placed on the Internet site and published in a periodical printed publication at least ten thousand copies. In this case, instead of the conditions, the mortgage is included to indicate the source in which the conditions are published. (Paragraph in the wording of Federal Law from 22.12.2008. N 264-FZ) 2-1. In the event that the parties have provided for a mortgage or a contract giving rise to a mortgage under the law, the condition that the foreclosed property may be subjected to extrajudicial enforcement must be is included in the invoice. In the case where the parties have provided for a mortgage or a contract giving rise to a mortgage due to the law, the methods and procedures for the disposal of the foreclosed property Mortgages by court order, corresponding provisions must be included in the mortgage. 2-1. In the event that the parties have provided for a mortgage or a contract giving rise to a mortgage under the law, the condition that the foreclosed property may be subjected to extrajudicial enforcement must be is included in the invoice. In the case where the parties have provided for a mortgage or a contract giving rise to a mortgage due to the law, the methods and procedures for the disposal of the foreclosed property Mortgages by court order, the relevant provisions must be included in the mortgage. (* federal law , 06.12.2011 N 405-FZ) 3. In case of insufficiency in the place of the mortgage, including for the new owners and/or partial performance of the secured mortgage, or the recording of both the mortgage and the other necessary information after it has been issued, An incremental worksheet is attached. All sheets in a mortgage form a single integer. They must be numbered, attached to another, signed by the official, and sealed with the seal of the authority exercising state registration of rights. Individual sheets of mortgages may not be the subject of transactions. (Paragraph in the wording of Federal Law of 22 December 2008). N 264-FZ) 4. If a mortgage or a mortgage bond is inconsistent with a mortgage, the contents of the mortgage are deemed to be true, except if the mortgage was known or should have been known at the time of the transaction. Inconsistencies. (...) (...) N 264-FH) The legitimate owner of the consignment note is entitled to require the elimination of the specified discrepancy by cancellations of the mortgage in its possession, and at the same time the issuance of a new mortgage, if the claim has been declared Immediately after the legal owner of the mortgage became aware of such a lack of conformity. The Collapder of the mortgage is responsible for the damages caused by the specified nonconformance and its elimination. Article 15. Applications to the mortgage The mortgage may be accompanied by documents specifying the terms of the mortgage or necessary for the performance of the mortgagee. If the documents attached to the mortgage are not named in it with a degree of precision that is sufficient to identify them, and the mortgage does not say that such documents are an integral part thereof, such documents are not required for the persons who are entitled to a mortgage as a result of the sale, bond or otherwise. Article 16. Registration of invoices owners 1. Any legitimate owner of a mortgage may require the State registration authorityto register it in the Single State Register of Real Property Rights class="ed"> and transactions with it as a mortgagee with its name and identity document, and if the owner of the mortgage is a legal entity, its name and location. In the wording of Federal Law of 30.12.2004 N 216-FZ; of 22.12.2008 N 264-FZ) 2. Debtor by obligation, secured mortgage, received from the rightful owner a written notice of registration of the last in the Single state registry of rights to immovable property and transactions (c) With a duly certified statement from the registry, and a written notice of the acquisition by the holder of the consignment note deposited with the depositary for the depositary, with a duly certified statement of account. depot, is required to make interim payments on the above mentioned Obligation, without requiring any time to make a mortgage on him. This obligation of the debtor is terminated upon receipt of a written notification from this or other legitimate holder to a mortgage on the right of mortgage. In the wording of Federal Law of 30.12.2004 N 216-FZ; of 22.12.2008 N 264-FZ) 3. The registration record of the legal holder of the mortgage shall be made within one day of the applicant's application to the State Registration Authorityupon presentation of the consignment note on the basis of: (In the wording of Federal Law of 30.12.2004) N 216-FZ ) committed under this Federal Law transfer of the right of mortgages and made on a mortgageif the perpetrator was a legitimate owner a mortgage or a mortgage on the name of which has been given a special deposit sign and which has sold a mortgage on the expiry of a certain period of time (art. 49, para. 4); (In the wording of Federal Law (In the wording of Federal Law No. N 264-FZ) In the case where a deposit register is maintained, the mortgage record holder is issued on the basis of an account statement. This statement shall be signed by an authorized person acting as the sole executive authority of the depositary, or another person entitled to act on behalf of the depositary, and by the depositary, specified in invoice (if there is a print), without a corresponding mortgage. This extract must contain the information necessary to record the owner of the mortgage in the Single State Register of Real Estate Rights and Transactions. (Paragraph is amended by the Federal Act of 22 December 2008. In the wording of the Federal Law of the Republic of Kazakhstan dated July 6, 2004 No. 54-IV. N 82-F) Article 17. Exercise the mortgage rights and performance of the secured mortgage 1. In exercising his or her rights, the holder of a mortgage is required to place a mortgage on the person liable (the debtor or the mortgagee) in respect of whom the right is exercised, upon request. The owner of the mortgage does not charge a mortgage if: posted on the notary's deposit; the mortgage is placed with the mortgage holder; before or after the issuance of the consignment note, a notice of its depositary has been made, the person obliged to do so has been notified and the notification of the termination has not been received. In the case where the depositary accounting is effected, the debtor is entitled to require the holder of the consignment note to verify his or her rights in the account statement with a certified signature authorized by the authorized person performing the sole function of the holder. The depositary's executive body, or another person entitled to act on behalf of the depositary, and the depositary, specified in the consignment note, (if there is a stamp). (...) (...) N 82-FZ) (Paragraph in the wording of Federal Law of 22 December 2008) N 264-FZ) 2. The holder of the secured mortgage obligation fully is under an obligation to immediately release the mortgage holder with the performance of the obligation in fulland, in cases where the obligation is owed. shall be executed in parts,- to verify its partial execution in a manner that is sufficient for the mortgagee and is evident to subsequent owners of the mortgage, including the application of the relevant financial documents, or of a partial performance bond. In the wording of the federal laws of 11.02.2002 N 18-FZ; of 22.12.2008 N 264-FZ) 3. The location of the mortgage on the mortgagee, or the lack thereof or otherwise of the partial performance of the secured mortgage, shows, unless it is otherwise proved, that the obligation or part thereof is not executed by, except as specified in article 48 (2) of this Federal Law. (In the wording of Federal Law The mortgage may indicate that partial performance of the mortgage obligation is not certified. The obligation to demonstrate the debtor's default in such a case rests with the creditor in accordance with the civil law. (Paragraph is amended by the Federal Law of 22 December 2008). N 264-FZ) 4. The debtor of the secured mortgage repays its debt, in full or in part, of its obligations under the mortgage, in accordance with the payment plan, to its rightful owner or to the person authorized in writing by the lawful authority. by the holder of a mortgage on the exercise of rights under it. 5. In case of deposit of a mortgage on a notary's deposit, the debtor on the secured mortgage bond performs its obligation to make a deposit on the notary's deposit. 6. Mortgages imposed on a mortgage are entitled to deny the bearer the right to mortgages in cases where: the court accepted a claim for annulment of the rights to a given mortgage or on the application of the consequences of the invalidity of the transaction; (In the wording of Federal Law No. N 264-FZ) The consignment note is invalid due to its loss of the lawful owner and the issuance of a duplicate mortgage (art. 18), or in connection with the breach of the issuance or duplicate of the mortgage for which it is liable The person does not meet the; debtor on the grounds referred to in article 48, paragraph 2, of this Federal Act, is partially satisfied with the obligation. (New paragraph fourth State registration authorityindicates, unless otherwise proved or established by this Federal Act, that the secured Mortgage commitment has been fulfilled. The person in possession of the mortgage shall immediately notify the other persons of the above. (In the wording of Federal Law of 30.12.2004) N 216-FZ In cases where, under this Federal Law, a mortgage is cancelled, the State registration authorityimmediately upon receipt of a mortgage annuates it by stopping on the face of the stamp "extinguished" or otherwise unable to use it, except for the physical destruction of the mortgage. (In the wording of Federal Law of 30.12.2004) N 216-FZ) Article 18. Restore the right to the lost invoice (In the wording of Federal Law of 22 December 2008). N 264-FZ) 1. The restoration of the rights of the lost mortgage is made by the applicant, and if he is the third person, also the debtor of the secured mortgage, the obligation on the basis of: (In the wording of Federal Law Single state register of rights to immovable property and transactions with it as a lock holder, if, according to data made in According to article 16 of this Federal Act, it is possible to establish the lawfulness of the rights to be restored to the lost mortgage or, if the deposit is carried out by a mortgage, the person who agrees records by account is the owner of the mortgage; (In the federal laws of 11.02.2002 N 18-FZ; 30.12.2004 N 216-FZ; of 22.12.2008 N 264-FZ) judgement rendered in special proceedings on the establishment of facts of legal significance in accordance with the procedural legislation of the Russian Federation class="ed">; statements to the address of a person who has lost a mortgage and is not listed in the Single State Register of Rights of Immovable Property and Transactions with it as a mortgagee, if possible The lawfulness of the person's rights. (Paragraph is amended by the Federal Law of 22 December 2008). N 264-FZ) 1-1. The restoration of the rights of the lost mortgage, which is deposited by the depositary, shall be made on the basis of a certificate issued by the relevant depositary of the last holder of the consignment note, indicating the fact of the loss of the mortgage. The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) 2. The mortgagee, and if he is a third party, the secured mortgage debtor is also required to, as the case may be, at the lowest possible time compile a copy of the mortgage bond with the "duplicate" and transfer it to the State registration of rights. (In the wording of Federal Law No. N 216-F) 3. The duplicate mortgage is issued by the State Registration Authorityby delivery to the person who has lost the mortgage. (In the wording of Federal Law of 30.12.2004) N 216-FZ) In the case where the deposit account is maintained, the person who has lost the mortgage is recognized as the owner of the mortgage according to the records of the depot. (Paragraph is amended by the Federal Law of 22 December 2008). N 264-FZ) 4. The duplicate should be fully consistent with the lost mortgage. The duplicate mortgage contributor is liable for damages arising from the non-duplicate consignment note that was lost. Mortgaged persons are not entitled to deny the legitimate owner of the duplicate claim in the exercise of their rights in connection with the said non-conformity, if they are responsible for it. CHAPTER IV. ITOQ PUBLIC REGISTRATION Article 19. The main provisions on state registration of the mortgage 1. The mortgage is subject to state registration in the Single state register of rights to immovable property and transactions with it in the manner prescribed by the federal law on state registration of rights to Immovable property and transactions. In the wording of the federal laws of 29 June 2004: N 58-FZ; of 30.12.2004 N 216-F) 2. The State mortgage registration is carried out at the place where the property is the subject of the mortgage. Article 20. The procedure for state registration of mortgages 1. The State registration of a mortgage arising under the mortgage contract is carried out on the basis of a joint statement by the mortgage holder and the mortgagee. The State Registration of Mortgages arising out of a notarized mortgage contract may also be made on the basis of a notary's certification of a mortgage contract. (Paragraph in the wording of Federal Law of 06.12.2011) N 405-FZ) 2. Mortgage law is subject to state registration. State registration of a mortgage on the basis of the law is carried out on the basis of the application of the mortgagee or mortgagee or notary who certified the contract giving rise to a mortgage due to the law, without payment of the state duty. (In the wording of the federal laws of 29 June 2004, N 58-FZ; of 02.11.2004 N 127-FZ; of 06.12.2011 N 405-FZ) In the State Registration of Mortgage Registration by Law, the Single State Register of Rights to Real Property and Transactions with the Law on the mortgagee is done on the basis of the contract that caused the mortgage to be secured. In so doing, the claimant must not be required to have any other documents and information relating to the applicant. (Paragraph is amended by the Federal Law of 22 December 2008). N 264-FZ)State mortgage registration under the law is carried out at the same time as the state registration of the property rights of the person whose rights are acquired by the mortgage unless otherwise established Federal law. The rights of the mortgagee by law may be certified by a mortgage. (In the wording of Federal Law No. N 214-FZ) (Paragraph in the wording of Federal Law of 11.02.2002) N 18-FZ) 2-1. State Registration of Mortgage Loans by Law for ResidRooms, Accumulation with the Use of Savings for Military Housing under the Federal Act of 20 August 2004 N 117-FZ " On (hereinafter referred to as the Federal Law on the Housing and Mortgage System of the Armed Forces of the Armed Forces of the Russian Federation), it is carried out as the mortgagee of the federal authority for the enforcement of the mortgage system Housing for the armed forces. (The paragraph is supplemented by the Federal Law of April 4, 2007). N 324-FZ 3. If the rights of the mortgagee are certified by the mortgage, the authority that performs the State registration of rights, together with the documents referred to in paragraph 1 of this article, shall also be submitted: (In the wording of Federal Law dated July 1, 2011. N 169-FZ mortgage, which must meet the requirements of article 14, paragraph 1, of this Federal Law, except for the date of issuance of the mortgage, the information on the state Registration of mortgages and information referred to in article 14, paragraph 1, subparagraph 10 of this Federal Act in the event of a mortgage on a mortgage on the law, and a copy thereof; (In the wording of Federal Law from 22.12.2008 N 264-FZ) documents named in the mortgages as applications and copies thereof. 4. State registration of the assignment of rights under the mortgage contract is carried out on the joint statement of the former and new mortgagees. State registration of the assignment of rights must be submitted: (In the wording of Federal Law of 06.12.2011). N 405-FZ)assignment contract; state duty payment document; (Paragraph is null and out-Federal Law dated 01/07/2011 N 169-FZ) (New paragraph 4 is supplemented by Federal Law of 11.02.2002) N 18-FZ; in the wording of Federal Law of 22 December 2008 N 264-FZ 4-1. Application for State registration of a mortgage of immovable property providing the requirements constituting the mortgage, the share in the right of the total ownership of which is certified by the mortgage certificate of participation, is presented to the manager Mortgage coverage. For State registration of a mortgage of immovable property providing the requirements constituting such a mortgage, in addition to the other required by the Federal Act of 11 November 2003 N 152-FZ "On Mortgage Securities" and Federal Law of 21 July 1997 "On State Registration of Rights to Immovable Property Rights and Transactions" appear: (Paragraph is null and invalid-Federal Law dated 01/07/2011 N 169-FZ) rules of trust for mortgage financing. The State registration authority is obliged to independently request the bodies authorized to do so Licensing of relevant activities, information on granting the applicant a mortgage management licence under article 17 of the Federal Act of 11 November 2003 N 152-FZ "On Mortgage Securities", if the specified license or its notarized copy were not by the applicant. (The paragraph is amended by the Federal Law of 1 July 2011). N 169-FZ) N 216-FZ) 4-2. The introduction of the Single State Register of Rights to immovable property and transactions with it on the new mortgage holder due to the transfer of the mortgage shall comply with the requirements of article 16 of this Federal Law on the application of the new the owner of the mortgage. Such information shall be submitted in a consignment note with a stamp on the transfer of rights to the new owner of the mortgage and the payment of the state duty. The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) 5. Mortgages must be registered within one month of the receipt of necessary documents for registration in the State registration authority, mortgage of land plots, buildings, structures and non-residential buildings. within 15 working days, residential mortgages-within five working days. (In federal laws , 30.12.2004 N 216-FZ; of 22.12.2008 N 264-FZ; of 06.12.2011 N 405-FZ) State registration of the land plot is carried out within the time frame envisaged for the state registration of the mortgage of a building, building or Buildings. (The paragraph is supplemented by the Federal Law of 06.12.2011). N 405-FZ)In case of a mortgage due to a notarized mortgage contract or a notary of a certified [ [ contract]] entailing the creation of a mortgage under the law, the state Registration of land, buildings, structures and non-residential premises shall be registered no later than five working days. (The paragraph is supplemented by the Federal Law of 06.12.2011). N 405-FZ 6. State registration of a mortgage is done by registering a mortgage registration record in the Single state register of rights to immovable property and transactions with it. (B of the Federal Act of 30 December 2004. N 216-FZ ) The date of the state mortgage registration is the day the mortgage registration record was committed in the Single state register of rights to immovable property and transactions with No. Registration entries in the Single state register of rights to immovable property and transactions with it are made in the order of priority determined on the basis of the date of receipt of all necessary documents to the organ, the state registration of rights. (In the wording of Federal Law No. N 216-FZ; of 22.12.2008 N 264-FZ) 7. For third persons, mortgage is considered to have arisen from the moment of its state registration. (Paragraphs 4 to 6 should be considered as paragraphs 5 to 7 of the Federal Law of 11.02.2002). N 18-FZ) Article 21. Failure to register a mortgage and suspend state registration of mortgages (In the wording of Federal Law dated 06.12.2011 N 405-FZ) 1. State registration of mortgages may be refused in the cases provided for by the federal law on State registration of rights to immovable property and transactions with it, unless otherwise established by this Federal Act. (In the wording of the Federal Law of 22 December 2008). N 264-FZ) Suspension and/or termination of the state registration of a mortgage on application by one of the parties to the transaction is not permitted. (Paragraph is amended by the Federal Act of 22 December 2008. (...) (...) N 405-FZ) 2. The state registration of mortgages can be suspended for no more than one month at: (Federal Law dated 06.12.2011 N 405-FZ ) failure to submit to the State registration authorityany of the documents referred to in article 20, paragraphs 2 and 3, of this Federal Law; (B of the Federal Act of 30 December 2004. N 216-FZ ) nonconformity of the mortgage contract, mortgage and attached documents required by Russian legislation; of documents. 3. When taking a decision to suspend state registration of mortgages, the State Registration Authorityrequests the necessary documents or requires the elimination of the identified Inconsistencies. In the wording of Federal Law of 30.12.2004 N 216-FZ; of 06.12.2011 N 405-FZ The state registration of a mortgage must be refused if the requirements of the said body are not met. 4. If there is a legal dispute over the rights to the property that is the subject of the mortgage, or about the treatment of the mortgage, the state registration of the mortgage is suspended until the dispute is resolved by the court. (In the wording of the Federal Law of 6 December 2011) N 405-FZ) 5. The disavowed refusal of state registration of a mortgage must be sent to the mortgage holder within the period set for her state registration. Article 22. Mortgage registration and certificate State mortgage registration 1. The registration record for a mortgage in the Single state registry of rights to immovable property and its transactions must contain information about the original mortgagee, the subject of the mortgage and the amount the obligation it has secured. If the mortgage contract stipulates that the rights of the mortgagee are certifies the mortgage, this is also indicated in the mortgage registration record. (In the wording of Federal Law of 30.12.2004) N 216-FZ) These data are entered into a mortgage registration record on the basis of a mortgage contract or a contract giving rise to a mortgage due to the law. Law of 22 December 2008 N 264-FZ) 1-1. At the time of the State registration of the mortgage of immovable property providing the requirements constituting the mortgage, the share in the right of the common property is certified by the mortgage certificate of participation in the Unified State Register of Rights on the basis of the mortgage. Real property and transactions with it are stated that the mortgage holders of the specified immovable property are the owners of the mortgage certificates of participation, the data of which are established on the basis of the personal accounts in the register of mortgage owners. Mortgage certificate owners ' certificates of participation and accounts Participation, as well as an individual identification number identifying the mortgage certificates of participation for which the trustee is responsible for such a mortgage. If a mortgage is included in the mortgage, the share in the right of the total ownership is certified by the mortgage certificate of participation, the claim certified by the mortgage, the state registration of the bond Immovable property that provides for this claim is carried out at the request of the administering mortgage. (*) href=" ?docbody= &prevDoc= 102054365&backlink=1 & &nd=102090474 "target="contents" title= " "> from 30.12.2004 N 216-F) 2. State registration of a mortgage is certified by the inscription on the mortgage contract, and in the case of state registration of mortgages due to the law-on the document forming the basis of the creation of the right of ownership of the mortgage Mortgage property. The inscription should contain the full name of the State Registration Authority, the date, the place of State registration of the mortgage, and the number under which it is registered. This data is authenticated by the official's signature and is sealed by the State Registration Authority. (In the federal laws In case of acquisition of immovable property using credit funds of the bank or other credit institution or means of a special loan provided by another legal entity, in the contract, which is the basis for the right of ownership of the mortgagee's property to be encumbered by a mortgage, it is sufficient to indicate the title of the contract or the basis from which the secured mortgage arose, the date and place of the conclusion of such a mortgage or the date on which the secured mortgage arose a monetary obligation. (Paragraph is amended by the Federal Law of 22 December 2008). N 264-FZ) 3. If the rights of the mortgagee are certified by the mortgage, the authority exercising state registration is under an obligation to ensure, by the time of issue, the existence of the information referred to in paragraph 2 of this article, as well as paragraphs 10 and 13. Article 14, paragraph 1, of this Federal Act. (...) (...) N 18-FZ; 30.12.2004 N 216-FZ)4. The State Registration Authority reserves a copy of the mortgage contract in its archives and a copy of the document on the state mortgage registration under the law, which is the basis for the creation of the property of the mortgagee on the property of the mortgage. If the rights of the mortgagee are certified by the mortgage, the authority which performs state registration shall also retain a copy of the mortgage in its annex. (...) (...) N 18-FZ; 30.12.2004 N 216-FZ) Article 23. Fixing, modifying, and completing a registration mortgage record 1. The correction of the technical errors in the mortgage registration record is permitted on the basis of a declaration by the mortgagee or mortgagee with the other party's notice of the correction and provided that the specified correction cannot cause damage to third parties or to violate their legitimate interests. 2. Changes and additions to the registration record are made on the basis of an agreement between the mortgage holder and the holder of the amendment or the addition of the terms of the mortgage contract. (In the wording of Federal Law of 30.12.2004) N 216-FZ) The changes and additions to the mortgage registration record are not permitted if the rights of the mortgage holder are certified by the mortgage, except in the case provided for in article 13, paragraph 6 of this Federal Law. (In the wording of Federal Law of 30.12.2004) N 216-FZ ) In cases where, after the state registration of a mortgage under the law, the mortgage holder and the mortgagee entered into a mortgage agreement, the previous record of the mortgage is entered into the corresponding changes. (The paragraph is supplemented by the Federal Law of 11.02.2002). N 18-FZ) 3. The modifications and additions to the mortgage registration record due to the approval by the court of a settlement agreement on an obligation secured by the mortgage shall be made on the basis of the relevant court certificate approved by the settlement agreement, and a testator or a testator. (...) (...) (...) N 306-FZ) Article 24. State fee For State registration of a mortgage and mortgage contract as a limitation (encumment) of rights to immovable property, including the introduction of relevant records in the Single State Register The right to immovable property and transactions with it and the issuance of documents on state registration, the state duty is paid once for all said actions in the amount and order established by the legislation of the Russian Federation. taxes and fees. (Article 6 of the Federal Law of 2 November 2004) N 127-FZ) Article 25. Abating a mortgage registration record 1. Unless otherwise provided by federal law or this article, the mortgage record is repaid within three working days from the date of admission to the State Registration Authority rights, statements of the owner of the mortgage, joint statement of the mortgagee and the mortgagee, applications of the mortgagee with the simultaneous submission of a mortgage containing the holder's stamp on the performance of the secured mortgage in full or a court decision by the arbitral tribunal on the termination of the Mortgages. (In the wording of the federal laws of 17 June 2010, N 119-FZ; of 06.12.2011 N 405-FZ) In case a dwelling is acquired or constructed in whole or in part using savings for the accommodation of troops provided under the contract of the targeted housing loan In accordance with the Federal Law "On the Mortgage and Mortgage Support System of the Armed Forces", the mortgage registration record created by this Federal Act is settled within three working days of receipt the body exercising State registration of rights, Statements by the federal executive branch, which provides for the operation of the housing mortgage system of military personnel under the Federal Act on the Housing and Mortgage System Military personnel. " The paragraph is supplemented by the Federal Law of 05.10.2015. N286-FZ)To settle a mortgage registration record, the submission of other documents is not required. 1-1. Registration note on mortgage, which has arisen due to the Federal Law "On participation in the share building of apartment buildings and other objects of real estate and on amendments to some legislative acts of the Russian Federation", is being liquidated. the authority exercising state registration of rights within five working days on the basis of an application by the developer and the permission to enter an object into service, issued in accordance with the law on urban development. in multi-apartment buildings and (or) a different real estate object or construction-in-progress facility, a portion of the land plot owned by the property developer, or a pledge of the lease or the right to sublet of the plot of land, and the share of mortgage on the mortgage facility Construction also on the basis of a document confirming the transfer of the equity construction to the contributor, including the transfer act, other document on the transfer of the equity construction or in accordance with article 8, paragraph 6, of the Federal Act on the Transfer of the equity construction. At the same time, the registration of a mortgage on a plot of land or a pledge of a lease or a right to subrent a land area is extinguish only after the mortgage registration records are settled for all the equity construction objects that are part of the land plot of a multi-apartment building and a (or) other real estate object. (...) (...) N 119-FZ) 2. A note on the mortgage on the performance of the secured mortgage must include the performance of the obligation and the date of performance of the mortgage, and must be certified by the holder's signature and certified (if printing), if the owner of the mortgage is a legal entity. (...) (...) N 82-FZ)3. When the mortgage registration record is paid, the mortgage is cancelled in the manner prescribed by this Federal Law. The invalidated mortgage is transferred earlier to the person required by it. The registration of a mortgage seized for state or municipal needs is repaid in order, In accordance with the Federal Law of 1 December 2007, No. 310-FZ " On the organization and holding of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi, the development of the city Sochi as a mountain climate resort and changes in individual THE RUSSIAN FEDERATION (The paragraph is amended by the Federal Law of 07.05.2013). N 101-FZ) 4. In the event of an application for a mortgage on the decision of a court or without recourse to a court (extrajudicially) in accordance with the procedure established by this Federal Law, the mortgage registration recording shall be extinguish at the same time as the registration of the right Property acquired by the purchaser or a holder of a mortgage, in accordance with the procedure established by the federal law on State registration of real property rights and transactions. (The paragraph is supplemented by the Federal Law of 06.12.2011). N 405-FZ) (Article in the wording of Federal Law of 22 December 2008). N 264-FZ) Article 25-1. The mortgage registration of a mortgage on liquidation of the mortgagee, which is a legal person In the case of liquidating the mortgagee, who is a legal person, The mortgage registration record is repaid on the basis of the application of the mortgage holder and the issuance of a single state register of legal persons confirming the registration of the registered legal entity in the register. (Article padded-Federal Law dated 30.12.2008 N 306-FZ) Article 26. The public nature of the state registration of the mortgage The State Registration of Mortgages is public. Any person is entitled to obtain, in the State Registration Authority, whether there is a mortgage record of the property in question and a certified statement of the registration record Mortgage. (In the wording of Federal Law of 30.12.2004) N 216-FZ A copy of the mortgage in the archives of the State Registration Authoritydoes not apply to documents of a public nature. (In the wording of Federal Law of 30.12.2004) N 216-FZ) Article 27. Appeal against the State mortgage registration Refusal to register a mortgage or refuse to register a mortgage or to issue a mortgage to the original Mortgage Loans, Registration of Mortgage Registration Record, Registration of a Mortgage, Registration of Nonexistent Mortgages, Denial of Exercise of Mortgages, Denial of Rights under Article 26 of the present Federal Act, as well as other acts of the The State registration of rights not in conformity with the federal law may be appealed by the arbitral tribunal in accordance with the procedural legislation of the Russian Federation. class="ed"> (In the Federal Law of 30.12.2004) N 216-FZ) Article 28. The responsibility of the body registering the mortgage State Registration Authority, which registered or was required to register a mortgage, is obliged under the Civil Code In the Russian Federation, and article 31 of Federal Act No. 122-FZ of 21 July 1997 on State registration of rights to immovable property and transactions with it , to compensate the person concerned for the damages caused by its unlawful actions. actions (omissions), including the following: Federal Law of 30.12.2004 N 216-FZ ) unjustified refusal to register a mortgage; unjustified refusal to make corrections to the registry record; delay in state mortgage registration A deadline; State mortgage registration with a violation of the requirements of the Russian Federation's legislation on the contents of the registry record or other errors; noncompliance with the requirements of the paragraph Article 22 of this Federal Law; avoiding the issuance of a mortgage (duplicate of a mortgage); wrongful settlement of the registry record; unjustified refusal to perform the acts referred to in article 26 of this Federal Law. Chapter V. CONSERVATION OF THE PROPERTY OF PROPERTY OF THE TREATY ON THE IDOTEXT Article 29. Enjoyment of foreclosed property 1. The holder retains the right to use the property laid down under the mortgage contract. The holder is entitled to use the property in accordance with his or her appointment. The mortgage terms limiting this right of the mortgage are null and void. Unless otherwise provided by the contract, the mortgagee shall not, in the use of the mortgagee, tolerate loss of property and a reduction in its value beyond what is caused by normal wear and tear. 2. The holder is entitled to extract from the property set up under the mortgage contract, the fruits and the proceeds. The holder does not acquire the rights to these fruits and revenues unless otherwise stipulated by the mortgage contract. Article 30. Maintenance and repair of foreclosed property 1. Unless otherwise provided by the mortgage contract, the mortgage holder is required to maintain the mortgage-related property in good order and to bear the cost of maintaining the property until the mortgage is terminated. (In the wording of Federal Law No. N 264-FZ) 2. Unless otherwise stipulated in the mortgage contract, the mortgage holder is required to repair the current and capital repair of the mortgage-related property within the time limits established by federal law and other legal acts of the Russian Federation (paras. 3 and 3). and 4, article 3, of the Civil Code of the Russian Federation), or in the manner prescribed by them, and, if such time limits are not set, within a reasonable time. Article 31. Contingent-owned equipment. Liability of the borrower and financial risk insurance of the creditor 1. The mortgage-related property insurance is administered in accordance with the terms of the contract. The property insurance contract is to be concluded in favour of the mortgagee (beneficiary) unless otherwise specified in the mortgage contract or in a contract giving rise to a mortgage by law or in a contract mortgage. 2. In the absence of a different mortgage insurance policy in the mortgage contract, the mortgaged is required to insure the mortgaged property at full cost of the risk of loss and damage, and if the full value of the property exceeds the amount The amount of the mortgage secured by the mortgage is not lower than the amount of the obligation. 3. The holder is entitled to satisfy his claim on the secured mortgage directly from the insurance claim for loss of or damage to the mortgaged property, regardless of the insured person's benefit. This requirement is to be satisfied primarily before the claims of other creditors of the borrower and to persons who benefit from the insurance, for exemptions set out in federal law. The holder is deprived of the right to satisfy his claim for compensation if the loss or damage was caused by the reasons for which he/she is responsible. 4. An obligor is the debtor of the secured mortgage, has the right to insure the risk of its liability to the creditor for failure or improper performance of the obligation to repay the principal amount of the debt and payment of interest on loan (loan) (insurance of borrower's liability). Under the liability insurance contract, the beneficiary is a secured creditor with a secured mortgage. When a mortgage lender is handed over by a mortgage holder on a mortgage or a secured mortgage or a transfer of rights to a mortgage right of the beneficiary under the insurance contract The borrower's liability is transferred to the new lender or to the new owner in full. The Insurance case under the responsibility of the borrower is the non-performance of the obligor by the obligor to advance the secured mortgage against the obligation to pay, or by late payment by a physical person of the amount of the debt, in whole or in part, provided that the creditor has insufficient funds from the sale of the foreclosed property or the insufficient value of the lender the mortgaged property for the satisfaction of the mortgage-backed Total amount. 5. The secured mortgage holder is entitled to insure the financial risk of the loss caused by the inability to satisfy the secured mortgage claims in full due to insufficient value (...) (...) Under the financial risk insurance contract of the lender, the beneficiary is the insured. In the case of a mortgage-backed creditor with a mortgage or a secured mortgage right or a transfer of rights to a mortgage right and the liability of the insurer under the insurance contract The financial risk of the creditor is transferred to the new mortgage holder or the new owner of the mortgage in full. The Insurance case under the financial risk insurance contract of the creditor is the loss incurred by the mortgagee due to insufficient cash proceeds from the disposal of the foreclosed property or insufficient the property abandoned by the creditor to satisfy the secured mortgage claims in full in the event of a recovery of the foreclosed property due to non-payment or late payment by the borrower. The amount of the debt is wholly or in part. Loss of the mortgagee associated with insufficient cash proceeds from the disposal of the foreclosed property, or the lack of collateral left behind the mortgage-backed property to satisfy the secured mortgage The requirements are fully reduced by the amount of the insurance payment due to the borrower as a beneficial beneficiary under the borrower's liability insurance policy, provided that there is a concluded insurance agreement on the liability of the borrower. The insurer under the financial risk insurance policy of the creditor is obliged to inform the insurer under the financial risk insurance contract of the creditor of the existence of the concluded insurance contract of liability of the borrower prior to the conclusion of the contract The financial risk insurance of the creditor or within ten working days from the time the insurer has become aware of this is in the case if the insurer's financial risk was not known at the time of the conclusion of the insurance contract. The insurer of the financial risk insurance agreement of the creditor is entitled to request information about the existence of a liability insurance agreement of the borrower by the natural person who is the debtor of the secured mortgage obligation. Insurer under the financial risk insurance contract of the creditor, if it has information about the liability insurance policy, the borrower makes an insurance payment after the supporting documents are provided for the decision to be taken The insurance payment by the insurer under the borrower's liability insurance contract. 6. The insurance amount under the liability insurance contract of the borrower or the creditor's financial risk insurance contract cannot be less than ten percent of the principal amount of the debt. The insurance amount under the borrower's liability insurance shall not exceed fifty per cent of the principal amount of the debt. The insurance amount is fixed for the duration of the term of the policy of the liability of the borrower or the policy of insurance of the financial risk of the creditor. The insurance premium under the liability insurance contract is paid at one time within the period specified by the contract. When a borrower's liability insurance contract is concluded for the duration of the secured mortgage, the policyholder, if more than 30 per cent of the principal amount of the debt, is entitled to a reduction in the amount The insurance amount is proportional to the reduction of the principal amount of the debt on the secured mortgage and the corresponding revision of the amount of the insurance premium under the borrower's liability insurance policy, provided that at the time of the review of the conditions The insurance policy of the borrower's liability was fulfilled by the obligations of the policyholder. The refund of the principal amount of the debt and interest for the use of the loan (loan) in accordance with the established repayment schedule of the principal amount of the debt, without any violation of the terms of payment of payments for more than 30 days. 7. For the purposes of calculating the insurance premium under the contract of liability of the borrower or the creditor's financial risk insurance, the creditor is not subject to the compensation due to the beneficiary of the penalty (fines, penalties) due to non-performance, delay Enforcement or other improper performance of a secured mortgage obligation, interest on the use of other people's money under article 395 of the Civil Code of the Russian Federation. 8. A borrower's liability insurance or financial risk insurance policy may be concluded for the duration of the secured mortgage or for a period within which the amount of the secured mortgage is committed represents more than 70 per cent of the value of the mortgaged property. 9. If the amount of the secured mortgage debt is settled, the lender's liability insurance or the financial risk insurance policy of the creditor is terminated. At the same time, the insurer is entitled to part of the insurance premium in proportion to the amount of time the insurance applied. 10. If the policyholder fails to cover the liability of the borrower or the creditor's financial risk insurance contract, the insurance premium paid to the insurer is not to be returned. Federal Law of 23 June 2014. N 169-FZ) Article 32. Measures to protect the foreclosed property from loss and damage To ensure the safety of the mortgaged property, including to protect it against the attacks of third persons, fire, natural disasters, the mortgagee is obligated OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Federation) and the mortgage contract, and if not established, necessary The measures that are normally required. In the event of a real threat of loss or damage to the mortgagee, the applicant shall be required to notify the mortgagee, if known. Article 33. { \field { \field { \field { \field { \field { \field { \field { \field } } In cases where other persons are required to recognize their property or other rights to the mortgagee, to seize (claim) or to encumber the said property or other claims, which may lead to a reduction in the value or the deterioration of the property, the applicant shall be required to notify the holder immediately, if he is known to him. When sued by the court, the arbitral tribunal or the arbitral tribunal (hereinafter referred to as the court), he/she must bring such a holder to participate in the case. 2. In the cases referred to in paragraph 1 of this article, the applicant shall use the appropriate circumstances to protect his or her rights to the foreclosed property provided for in article 12 Civil Code of the Russian Federation. If the mortgagee renounced the protection of his or her rights to the mortgaged property or did not exercise it, the mortgagee has the right to use these methods of protection on behalf of the mortgagee without a special power of attorney and to demand that the mortgagee recover The Committee is of the view that in the context of 3. If the mortgaged property is in the possession of third parties illegally, the mortgagee has the right, on his own behalf, to claim the property from unlawful possession under articles 301 to 303 the Civil Code of the Russian Federation for ownership of the holder. Article 34. The right of the mortgagee to check the property of the property The holder is entitled to check the documents and the actual availability, condition and condition of the property laid down under the mortgage contract. This right belongs to the mortgagee and if the mortgagee has been transferred by the mortgagee for the duration of the possession of third persons. The check carried out by the holder should not create undue interference with the use of the mortgagee or other persons in possession of the mortgagee. Article 35. Rights of the mortgagee in improper collateral damage , in gross violation of the mortgagee rules (article 29, paragraph 1), maintenance or repair of the mortgagee Property (art. 30), the duty to take measures to preserve the property (art. 32) if the breach creates a threat of loss or damage to the property, as well as in breach of the obligations of the property insurance (art. 31, paras. 1 and 2) or unjustified failure of the holder to test 34) the mortgagee has the right to demand early fulfilment of the secured mortgage. If such a request is refused or not granted within the time limit provided for by the treaty, and if such a period is not provided for within one month, the mortgagee has the right to recover the foreclosed property. The mortgage contract. Article 36. Consequences of loss or damage to the underlying property property 1. The holder carries the risk of accidental loss of life and accidental damage to the property mortgaged under the mortgage, unless otherwise stipulated in the contract. 2. If, in the circumstances, for which the mortgagee does not respond, the foreclosed property is lost or damaged so that the mortgage liability has deteriorated substantially, the mortgagee has the right to demand early retirement. Enforcement of the secured mortgage obligation, including insurance compensation under article 31, paragraph 3, of this Federal Act. 3. The holder may not exercise the rights referred to in paragraph 2 of this article if a written agreement between the holder and the holder has been concluded to restore or replace the deceased or damaged property and the applicant is appropriate complies with the terms of this agreement. Chapter VI: TRANSITION OF THE RIGHTS OF THE PROPERTY OF THE TREATY ON THE TREATY ON THE TREATY ON THE TREATY OF THE COMMISSION ON OTHER PERSONS AND OF THE COMMISSION ON HUMAN RIGHTS Dispossession of the foreclosed property 1. The property laid down under the mortgage contract may be alienating the other person by selling, darting, exchanging, making it as a contribution to the property of the economic partnership or society or a mutual contribution to the property a production cooperative or otherwise only with the consent of the mortgagee, unless otherwise stipulated in the mortgage contract. 2. In the event of a foreclosed disposition, the foreclosed property is allowed, subject to the conditions set out therein. 3. The mortgagee has the right to bequeae the property. The terms of the mortgage contract or any other agreement limiting the right of the holder are null and void. Article 38. Saving a mortgage when the rights to the factored property are transferred property to another person 1. A person who has acquired a mortgage-backed property as a result of his alienation or succession, including as a result of the reorganization of a legal person or succession, becomes a place of destination the mortgage holder and shall bear all the obligations of the latter under the mortgage contract, including those which were not properly implemented by the original mortgagee. A new loan holder may be exempt from any of these obligations only under an agreement with the solloder. Such an agreement is not necessary for subsequent purchase of the mortgage, if the state registration is not carried out and the rules of Article 15 of this Federal Law are not complied with. (In the wording of Federal Law of 30.12.2004) N 216-F) 2. If the mortgage-related property has been transferred to several persons referred to in paragraph (1) of this article, each of the successors of the initial mortgage shall bear the consequences of default on the mortgage a secured mortgage obligation in proportion to the part of the mortgaged property transferred to it. If the subject of the mortgage is received by the mortgage holder for a week or for other reasons, the successors become joint beneficiaries. 3. The mortgage of the property under the mortgage contract remains valid regardless of whether the transfer of these assets to other persons has been violated by any of the rules established for the transfer of the property. Article 39. Consequences of a violation of the rules on disposition of the mortgaged property With the disposition of the mortgage-related property, in violation of article 37, paragraphs 1 and 2, of this Federal Law, the mortgagee has the right By their choice to demand: Recognition of the foreclosed property transaction and the application of the consequences provided for in article 167 the Civil Code of the Russian Federation; { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } In the latter case, if it has been proved that the property acquired under the mortgage contract knew at the time of purchase, he knew or should have known that the property was disposed of in violation of the rules of article 37 of this Federal Act. The liability of such a purchaser shall be responsible, within the value of the said property, for the failure of the secured mortgage to comply with the obligation in solidarity with the debtor. If the foreclosed property is expropriated in violation of these rules by a non-debtor who is not the debtor of the secured mortgage, the liability incurred by that debtor is both the purchaser of the property and the former mortgagee. Article 40. Burdensed by the rights of other persons 1. Unless otherwise provided by a federal law or a mortgage contract, the mortgagee has the right without the consent of the mortgagee to lease the foreclosic property, transfer it to temporary free use, and by agreement with another person To grant the latter limited use of the property (easements), provided that: the property is no longer than the period of the secured mortgage; property shall be made available for use in accordance with the purposes of the Property. 2. In case of application by the mortgage holder for foreclosed property on the grounds provided by the federal law or the mortgage contract, all lease rights and other use rights granted by the holder third parties without the consent of the holder after the conclusion of the mortgage contract are terminated upon the entry into force of the court's decision on the application of the recovery of the property, and if the requirements of the holder are satisfied without recourse to the court (in the case of (a) by the signing of the settlement agreement by the parties purchase and sale with the organizer of the tender, provided that the mortgaged property is sold or the mortgagee owns the mortgaged property, provided that the mortgaged property is acquired in The property of the lockerger. (In the wording of Federal Law No. N 306-FZ) 3. The mortgaged property may be made available to third parties for a period exceeding the duration of the secured mortgage or for purposes other than the assignment of the property only with the consent of the mortgagee. In the event of the granting of a mortgage on these conditions to third parties, the right to use the property shall be permitted if the right of the holder is provided for in the mortgage. 4. The granting of mortgaged property to another person does not absolve the mortgage holder from the performance of the mortgage unless the contract provides otherwise. 5. The contemporaries of the property laid down under the mortgage contract are governed by the rules of Chapter VII of this Federal Law. Article 41. Consequences of the forced removal by the State of mortgee property 1. If the ownership of the mortgage is terminated on the basis of and in accordance with the procedure established by the federal law, as a result of the seizure of property for state or municipal needs, its requisitioning, or nationalization and the mortgage shall be granted other property or appropriate compensation, the mortgage shall extend to the goods provided in replacement of the property or the mortgagee acquires the right to take precedence over its claims from the amount The amount of compensation payable to the holder of the claim is not appropriate. (In the wording of Federal Law of 31.12.2014) N 499-FZ The holder whose interests cannot be fully protected by the rights provided for in Part One of this paragraph is entitled to demand early fulfilment of the secured mortgage -Collection of the recovery of the assets granted to the forecloser instead of the seized. 2. In cases where a mortgage is seized from a mortgage by the State in the form of a sanction for the commission of a crime or other offence (confiscation), the mortgage remains in force and the rules of article 38 are applied Federal law. However, the holder, whose interests cannot be fully protected by the application of these rules, is entitled to demand the early fulfilment of the secured mortgage and the recovery of the confiscated property. Article 42. Consequences of foreclosures In cases where the property that is the subject of the mortgage is withdrawn from the mortgagee in accordance with the established federal law, on the grounds that the owner of the property is in fact owned The property is another person (s) and the mortgage against the property is terminated. After entering into the legal force of the relevant decision of the court, the holder is eligible to demand the early fulfilment of the obligation which has been secured by the mortgage. Chapter VII. FOLLOW UP TO Article 43. The concept of a subsequent mortgage and the conditions under which it is allowed 1. The mortgage-related property under one obligation (prior to the mortgage) may be granted bail in order to secure the performance of another obligation of the same or other debtor. (subsequent mortgage). The priority of the mortgagees is set on the basis of the Single state register of rights to immovable property and transactions with it when a mortgage is defined in in accordance with article 20, paragraphs 5 and 6, of this Federal Act. (In the wording of Federal Law of 30.12.2004) N 216-F) 2. A subsequent mortgage is allowed if it is not prohibited by previous mortgage contracts of the same property that did not cease at the time of the conclusion of the subsequent mortgage contract. If the pre-mortgage contract provides for the conditions under which a subsequent mortgage contract may be concluded, the mortgage must be made subject to these conditions. 3. The subsequent mortgage contract, concluded despite the prohibition established by the previous mortgage contract, may be declared invalid by a court on the claim of the logholder on the previous contract, regardless of whether or not The holder of a subsequent contract for such prohibition. If the subsequent mortgage is not prohibited, the subsequent contract is concluded in violation of the conditions stipulated for it by the previous contract, the requirements of the holder of the subsequent contract are satisfied to the extent that they are not required. Satisgratiation is possible in accordance with the terms of the previous mortgage contract. 4. The rules of paragraphs 2 and 3 of this article shall not apply if the parties to the preceding and subsequent mortgage contracts are the same persons. 5. A subsequent mortgage contract, which provides for the creation and issuance of a mortgage, is not permitted. Article 44. Pre-and pre-mortgage alloys warning. Changing the preceding mortgage contract 1. The holder is obliged to inform each subsequent mortgage holder, pending the conclusion of a mortgage contract with him, of all existing mortgages, as provided for in article 9, paragraph 1, of this Federal Act. Failure by the holder of this obligation to give the holder of the subsequent contract the right to demand avoidance of the contract and damages, unless it is proved that he could have obtained the necessary information about the contract Prior mortgages, pursuant to article 26 of this Federal Law, from data on their state registration. 2. The mortgage holder, who concluded the subsequent mortgage contract, must immediately notify the mortgagees of the previous hypothals and, at their request, inform them of the subsequent mortgage provided for in article 9, paragraph 1, of the Federal law. 3. After the conclusion of a subsequent mortgage contract, the modification of the prior contract, entailing new requirements of the previous mortgage or an increase in the amount of claims already secured under the contract (art. 3), is permitted only. with the agreement of the holder on the subsequent contract, unless otherwise stipulated by the previous mortgage contract. (In the wording of Federal Law of 11.02.2002) N 18-FZ) 4. The rules of this article shall not apply if the parties to the preceding and subsequent mortgage contracts are the same persons. Article 45. State registration of a subsequent mortgage State registration of subsequent mortgages is carried out in compliance with the rules of Chapter IV of this Federal Law. In a subsequent mortgage contract, check marks are made about all the registration records of the previous mortgages of the same property. The subsequent ipoth stamp is entered into the registration records for all pre-mortgages of the same property. Article 46. Satisification of the requirements of the testers for pre-mortgage and subsequent mortgages 1. The mortgage requirements for a subsequent mortgage contract shall be satisfied from the value of the mortgaged property, subject to the requirements of the holder's prior contract of a mortgage prior to his or her mortgage requirements. 2. If the foreclosed property is to be recovered on the claims secured by subsequent mortgage, at the same time, the secured mortgage may be required to be executed by the secured creditor and is subject to a recovery property and on claims secured by the prior mortgage, which is not yet due. If the mortgagee on the previous mortgage contract has not availed himself of this right, the property on which the subsequent foreclosed foreclosed order proceeds to take over the purchase of the prepayment hypothèque. (In the wording of Federal Law of 11.02.2002) N 18-FZ) 3. In the event of a recovery of the foreclosable property on the claims secured by the previous mortgage, it is possible to apply simultaneously to the property and to the claims secured by the subsequent mortgage, the period of which is due The penalty is yet to be recovered. Claims secured by subsequent mortgages are not subject to early satisfaction if a portion of the foreclosed property is sufficient to satisfy the requirements of the previous mortgage. 4. Prior to the application of the recovery of the prior and subsequent mortgage claims, the mortgagee, who has been intentionally required to present his or her claim for recovery, must notify the holder in writing of the claim in writing. another mortgage on the same property. 5. The rules contained in this article shall not apply if the holder of the previous and subsequent mortgage is the same person. In this case, the claims secured by each mortgage shall be satisfied on a first-come, first-served basis, unless the federal law or the agreement of the parties provides otherwise. Chapter VIII. ASSIGNMENT OF RIGHTS UNDER A MORTGAGE CONTRACT. TRANSFER AND LABORING Article 47. Assignment of rights under a mortgage contract or secured mortgage 1. The holder has the right to assign the rights (s) under a mortgage contract or a secured mortgage to any third party, unless otherwise provided by law or by a treaty. 2. The person to whom the rights under the mortgage contract are transferred becomes the place of the former mortgagee under this contract. If not proven otherwise, assignment of rights under a mortgage contract means the assignment of rights on a secured mortgage (a core obligation). 3. Unless the treaty otherwise provides, the person to whom the rights of the obligation (the core obligation) is transferred shall be transferred and the rights that ensure the performance of the obligation. This person becomes the former mortgage holder for the mortgage contract. The assignment of rights on the secured mortgage obligation (the main obligation) under Article 389, paragraph 1, of the Civil Code of the Russian Federation shall be made in the form in which the secured mortgage is concluded obligation (s). In connection with the assignment of rights (s) under a mortgage contract or a secured mortgage obligation (the core obligation) in the manner prescribed by paragraph 1 of this article, the mortgagee shall submit personal liabilities Data of the borrower and (or) the borrower, a natural person in accordance with the Federal Act of 27 July 2006, No. 152-FZ "On personal data". A person who has been assigned the rights (s), is obliged to keep the bank secret and personal data of the borrower and (or) the borrower-the natural person-to ensure his rights (requirements) The confidentiality and safety of personal data of these persons and is responsible for their disclosure. 4. The rules of Articles 382, 384-386, 388 and 390 of the Civil Code of the Russian Federation on the transfer of the rights of the creditor by the assignment of a claim are applied to the relationship between the person to be assigned rights and the holder of the contract. 5. An assignment of rights under a mortgage or a secured mortgage is not permitted. When the transaction is made, it is considered null and void. (Article as amended by Federal Law of 21 December 2013). N 363-FZ) Article 48. Transfer right to mortgages 1. When the right to a mortgage is transferred, the transaction is made in a simple written form. When transferring rights to a mortgage, the grantor makes a mark on the new owner unless otherwise specified by this Federal Law. The name (name) of the person to whom the rights of the mortgage are transferred shall be clearly and fully specified. The label must be signed by the mortgage holder or, if the label is not the first owner, the owner of the invoice specified in the previous check mark. If the stamp is made by the person acting on the power of attorney, the particulars of the date of issue, the number of the power of attorney and, if the power of attorney are notarized, the notary who has certified the power of attorney, shall be specified. In the case where a deposit box is maintained, the transfer of rights is effected by making a corresponding entry in the debit account. The right to a mortgage is transferred to the purchaser from the time when the purchase order is made on the purchase account, which is sufficient proof of the purchase of the right to a mortgage. This does not make a mark on the mortgage of its new owner. 2. The transfer of rights to a mortgage on another person means that the person who is certifiable rights is transferred to that person in the aggregate. The Owner of the mortgage is owned by all the rights that she has certified, including the rights of the mortgagee and the right of the secured creditor, regardless of the rights of the original mortgagee and previous owners mortgage. Unless otherwise specified in the transaction referred to in paragraph 1 of this article, in the transfer of rights to a mortgage with partial performance of the secured mortgage (the core obligation) of the obligation to be performed before the transfer of the rights to the mortgage shall be deemed to have been fulfilled. 3. The holder of the consignment note shall be deemed lawful if his or her right to mortgage is based on the last reference made by the previous owner, unless otherwise specified by this paragraph. It shall not be deemed to be the owner of the mortgage, if it is proved that the mortgage has been removed from possession of any of the persons who made the transfer words, in addition to their will as a result of theft or other criminal activity, as the new owner of the mortgage, acquiring it, I knew or should have known. In the case where the deposit account is maintained, the holder of the consignment note is considered lawful if his/her rights to the mortgage are certified by the depot account. In the event of termination of the depositary deposit, the depositary shall make the holder of the mortgage, which is so, according to the record of the depot at the time of entry into the depositary, the holder's indication of the consignment note relative to the termination of the deposit. The suspension of the recording of the mortgage in this depositary. 4. The creditor is entitled to transfer the right to a mortgage to any third party. Invoices on mortgages that prohibit its subsequent transfer to other persons are null and void. (...) (...) N 363-FZ5. If a third person, in accordance with article 313, paragraph 2, of the Civil Code of the Russian Federation, has fulfilled the secured mortgage on the debtor in full, it has the right to request a mortgage. If the holder refuses to hand over a mortgage, a third party may request that he be handed over to the court. 6. In connection with the transfer of the rights to a mortgagee, the holder is entitled to transfer the personal data of the borrower and/or the borrower-the natural person without the consent of the borrower and/or the borrower-the natural person. A person who has been transferred to a mortgage is required to keep his or her known bank secrecy and personal data of the borrower and/or the borrower-the natural person, ensure the confidentiality and safety of personal data of these individuals and is responsible for their disclosure. href=" ?docbody= &prevDoc= 102054365&backlink=1 & &nd=102170301 "target="contents" title= " "> dated 21.12.2013. N 363 fZ) (Article as amended by Federal Law of 22 December 2008). N 264-FZ) Article 49. The mortgage 1. A mortgage may be placed on a collateral contract without transfer or transfer to another person (mortgagee) in securing an obligation under a credit contract or other obligation that arose between by that person and the holder, originally named in the mortgage or by her other rightful owner (mortgage holder). (In the wording of Federal Law of 11.02.2002) N 18-FZ) 2. In the case of a mortgagee without passing it to the mortgagee, the foreclosing order is regulated by article 349 of the Civil Code of the Russian Federation. (...) (...) N 18-FZ)3. When the mortgage contract is concluded with the transfer of its mortgagee, the parties are entitled to provide: 1) the application of the foreclosed property in accordance with the procedure established by article 349 of the Civil Code of the Russian Federation; (2) the transfer of mortgage rights in order, under conditions and with the consequences provided for in article 48 of this Federal Law; 3) by the mortgage holder's mortgage on a special mortgage inscription, entityholder to mortgages after a certain period of time to sell the mortgage to keep the money secured by the bond. (Paragraph in the wording of Federal Law In the case where a deposit account is maintained, a special deposit box shall be recorded by the depot in the form of a special account on the account of the depo on the basis of the owner's order. (Paragraph is amended by the Federal Law of 22 December 2008). N264-FZ) In the performance of the secured obligation, the special deposit gear ratio shall be repaid by the mortgagee for the repayment of the bond. The inscription or, if the deposit is carried out by depositary, by means of the deposit by the depositary on the basis of the deposit of the corresponding payment record of the depot. (Paragraph is amended by the Federal Law of 22 December 2008). N 264-FZ) CHAPTER IX. DETAILS OF THE EXPLOSIVE, COMPLEX ON IDETS Article 50. The basis for the foreclosed property is Property 1. The mortgagee has the right to foreclosed on the property foreclosed on the mortgage contract to satisfy the property of the claims referred to in articles 3 and 4 of this Federal Act as a measure of non-compliance, or Improper performance of the secured mortgage, in particular the non-payment or late payment of the amount of the debt, in whole or in part unless the treaty provides otherwise. (In the wording of Federal Law of 30.12.2008) N 306-FZ) The mortgagee has the right to foreclosed on the property foreclosed on the mortgage contract to satisfy the requirements specified in this paragraph and caused by default or the improper performance of the secured mortgage by the debtor, in respect of which the procedures applied in the bankruptcy case have been introduced. The paragraph is supplemented by the Federal Law of December 29, 2014. N476-FZ) Where the mortgage contract terms and the secured mortgage terms are inconsistent with claims that can be satisfied by the application of foreclosed property, preference is given the terms of the mortgage contract. 2.(Spconsumed by Federal Law 30.12.2008) N 306-FZ) 3. (Spconsumed by Federal Law of 06.12.2011) N 405-FZ) 4. In cases covered by this article, articles 12, 35, 39, 41, 46 and 72 of this Federal Law or other federal law, the holder is entitled to demand early fulfilment of the secured mortgage, and Failure to comply with this requirement is the recovery of the foreclosic property, regardless of the proper or improper performance of the secured mortgage. (In the wording of Federal Law No. N 306-FZ 5. The law on participation in the construction of blocks of apartment buildings and other real estate objects and changes in some of the properties of the mortgage pursuant to the Federal Law "On participation in the share building of apartment buildings and other objects of real estate" OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) N 306-FZ; as amended by Federal Law No. N 119-FZ) Article 51. The order in which the foreclosed property of the mortgagee claims the mortgaged property is applied to the mortgaged property by a court decision, except where it is in accordance with the law. Article 55 of this Federal Act allows for the satisfaction of such requirements without recourse to the courts. Article 52. The jurisdiction and jurisdiction of the { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } } { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } } { \cs6\f1\cf6\lang1024 } { } } { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } { { \cs6\f1\cf6\lang1024 } } { \cs6\f1\cf6\lang1024 } OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 53. Measures to protect the interests of other stayers, missing person and other persons 1. In the case of property foreclosing on two or more mortgage contracts, the mortgagee must submit to the court in which the claim is brought, proof of performance of the duty provided for in article 46, paragraph 4 of this Federal Law. 2. If the file of the foreclosed case shows that the mortgage was or was to be carried out with the consent of the other person or body, the court in which the claim for recovery has been filed shall notify the appropriate The person or body shall be able to participate in the case. 3. Persons who have a statutory or contractual right to use collateral (tenants, employers, members of the owner's family and others) or property rights (easements, life tenure and others) (a) Right to participate in the consideration of a case concerning the application of foreclosic property. Article 54. Issues resolved by the court in the case on the recovery of foreclosed property 1. The property foreclosing on the mortgage contract may be refused in the cases provided for in articles 54 to 1 of this Federal Law. (In the wording of Federal Law No. N 306-FZ) 2. The court must determine and specify in it: 1) the amounts to be paid to the mortgagee from the value of the foreclosed property, with the exception of the costs of the mortgage-related property. The protection and disposal of assets, which are determined upon completion of its implementation. The percentage to be calculated is the amount to which interest is charged, interest and the period for which they are to be assessed; 2) name, location, cadastral number or the record number of the right in the Unified Register of Real Property and Transactions with which the requirements of the mortgagee are met; (In the wording of the Federal Law from 06.12.2011 N 405-FZ) 3) the method and procedure for the disposal of the foreclosed property. If the parties have reached an agreement laying down the rules for the sale of a mortgage, the court determines the manner in which the foreclosed property will be implemented in accordance with the terms of such agreement (Article 9, paragraph 1-1 of this Federal Law); Federal Law of 06.12.2011 N 405-FZ) 4) the initial sales price of the foreclosed property. The initial sale price of the property in public tendering is determined on the basis of an agreement between the testator and the holder, achieved in the course of the trial, and in the case of the dispute by the court itself. If the initial selling price of the foreclosing property is determined on the basis of the appraiser's report, it shall be set at eight to ten per cent of the market value of the property as determined in the valuation report. The characteristics of the initial selling price of the forecloser property are set out in article 77, paragraph 9, of this Federal Act; (Federal laws dated 06.12.2011 N 405-FZ; dated 21.07.2014. N 217-FZ 5) measures to ensure the preservation of property prior to its implementation, if required by; 6) the special conditions for public tenders set out in paragraph 3 Articles 62 to 1 of this Federal Act, if the subject of a mortgage is the land referred to in article 62-1, paragraph 1, of this Federal Act. (...) (...) (...) N 232-FZ 3. According to the applicant, the court, if there are legitimate reasons, is entitled to delay the implementation of the foreclosed property for up to one year in cases where: Federal Law of 11.02.2002 N 18-FZ ) is a citizen regardless of the property mortgaged under the mortgage contract, provided that the bond is not related to the conduct of the business; The land plot of the agricultural land is the subject of a mortgage. (In the wording of Federal Law of 05.02.2004) N 1-FZ) Determine the time period for which the disposal of the mortgagee shall be granted, the court shall take into account that the amount of claims of the mortgagee to be satisfied from the value of the mortgagee to the The grace period shall not exceed the value of the estimated value of the estimated value specified in the independent appraiser's report or decision of the court at the time of the disposition of such property. (In the wording of Federal Law No. N 264-FZ) Deferrals of the disposal of the mortgaged property shall not affect the rights and obligations of the parties on the obligation secured by the mortgage of the property and do not relieve the debtor of the increased deferred damages Creditor to the creditor of interest and liquidated damages. If the debtor is within the time granted it will satisfy the creditor's secured mortgage claims to the extent they have at the time of satisfaction of the claim, the court on the application The applicant shall cancel the decision on the application of the penalty. (In the wording of Federal Law of 11.02.2002) N 18-FZ) 4. A delay in the disposal of the foreclosed property is not allowed if: it may cause a significant deterioration in the financial position of the mortgagee; , with respect to the mortgagee or mortgagee, a case for recognition has been initiated bankrupt. Article 54-1. Grounds for denial of recoveryproperty 1. Recourse to foreclosed property is not permitted if the debtor's breach of the secured obligation is negligible and the value of the mortgagee is manifestly disproportionate to the value of the mortgagee Property. Unless proven otherwise, it is assumed that the breach of the secured obligation is extremely low and the size of the requirements of the mortgagee is manifestly disproportionate to the value of the mortgagee, provided that at the time of the court The following conditions were met at the same time as a decision on the appeal of the recovery: (In the wording of the Federal Law of 6 December 2011). N 405-FZ) c of the unfulfilled obligation is less than five percent of the value of the subject of the mortgage; (In the wording of Federal Law dated 06.12.2011 N 405-FZ) The period of performance of the secured obligation is less than three months. (Paragraph 5 is lost-Federal Law of 06.12.2011) N 405-FZ) 2. Refusal of a recovery on the basis referred to in paragraph 1 of this article is not a ground for the termination of a mortgage and an obstacle to a new application to the court for the application of foreclosing property, if in such treatment The circumstances that served as grounds for refusing a recovery will be eliminated. 3. The use of foreclosed property without recourse to a court (out of court order) is not permitted, subject to the following conditions: the amount of the unfulfilled obligation, the secured mortgage, is less than five percent of the mortgage size estimate for a mortgage contract; period of performance of the secured obligation is less than three months. The mortgage does not stop and forecgo can be reprimanded extrajudiciedly after changing these circumstances. (Paragraph in the wording of Federal Law dated 17.07.2009 N 166-FZ) 4. (Spend of force-Federal Law of 06.12.2011) N 405-FZ) 5. Unless otherwise provided for by the mortgage contract, the application of the recovery of the property laid down to ensure the obligation of the periodic payments is permitted with the systematic violation of the terms of their introduction, that is, if the time limit is violated payment of more than three times within 12 months prior to the date of the application to the court or the date of notification of foreclosing on the foreclosing property, even provided that each delay is negligible. (The paragraph is supplemented by the Federal Law of 06.12.2011). N 405-FZ) N 306-FZ) Article 55. Recourse to foreclosed on property out of court 1. The satisfaction of the requirements of the mortgagee with the property laid down in the mortgage contract may be settled out of court in the event of a mortgage or a contract giving rise to a mortgage The law, or if the rights of the mortgage holder are certified by a mortgage, a mortgage. The Extrajudicial forecreading on the executive sign of a notary is allowed on the basis of a notarized contract for a mortgage or a notarized certificate that entails The creation of a mortgage on the basis of a law or a mortgage, which contains a condition of extrajudicial enforcement of foreclosed property. If the rights of the testator are certified by a consignment note, the satisfaction of the requirements of the mortgagee with the property laid down under the mortgage contract out of court on the executive sign of the notary is allowed if the condition is Extrajudicial recovery is contained both in mortgages and in a mortgage contract or a contract giving rise to a mortgage on the basis of which a mortgage is issued. Such treaties should be notarized. 2. The disposal of the foreclosing property is carried out in accordance with the procedure established by article 56 of this Federal Law. If the mortgage contract provides for the settlement of foreclosed property out of court and the parties to the contract are a legal entity and (or) an individual entrepreneor, Business obligations, one way of implementing the subject of a mortgage may be to leave the mortgaged property behind. The rules of the civil law on sale are applied to the relations of the parties on the abandonment by the mortgagee of the foreclosed property, unless the nature of the legal relationship is different. Exclusion from a single State register of individual entrepreneurs of a natural person who is a party to a mortgage contract containing a clause in the second paragraph of this paragraph does not entail termination The provisions of the mortgage contract on the abandonment of the mortgaged property. 3. When the foreclosser is referred to in accordance with paragraph 2 (2) of this article, the property shall be retained by the holder, with the purchase price of the mortgagee, secured by the mortgage, at the price, The fair market value of such property determined in accordance with the procedure established by the legislation of the Russian Federation on evaluation activities. In the event that the person concerned does not agree with an assessment of the mortgaged property, the person is entitled to claim from the mortgagee for damages caused by the disposal of the mortgaged property at the price specified in the report evaluation. 4. A registration action for registration in the Unified State Register of Real Property Rights and Transactions, in accordance with the federal law on State registration of real property rights and transactions, The subject of a mortgage that is subject to extrajudicial enforcement is permitted on the basis of the notary's executive sign in the manner prescribed by the federal law on state registration of rights to immovable property and transactions with I don't. 5. The satisfaction of the requirements of the mortgagee in the manner prescribed by this article is not permitted if: 1) the subject of the mortgage is a dwelling owned by a natural person; 2) the holder -a natural person is recognized as missing; 3) the mortgaged property is the subject of prior and subsequent mortgages, which apply different procedures for applying for mortgages, or Different ways of implementing the foreclosed property; 4) The property is mortgaged to several of the liabilities of several of the liabilities; 5) the subject of the mortgage is a plot of land from the agricultural land to which the effect is applied Federal Act No. 101-FZ of 24 July 2002 "On the turnover of agricultural land" and on which there is no building, structure, structure; 6) the subject of the mortgage is a land plot of land Agricultural appointment granted to a citizen for individual housing Construction, maintenance of personal property, livestock, horticulture, livestock or vegetable gardens, as well as buildings, buildings and structures in the land area; 7) the subject of mortgage is land The section referred to in article 62-1, paragraph 1, of this Federal Act and which does not include buildings, structures, structures; 8) the subject of a mortgage is property held in state or municipal property; 9) the right of the mortgagee to the foreclosed property It is registered in the Single State Register of Rights in Real Property and Transactions with it; 10) the subject of a mortgage is property that has significant historical, artistic or other cultural value to the community. 6. In the cases referred to in paragraph 5 of this article, the foreclosed property shall be recovered by court order. (Article in the wording of Federal Law dated 06.12.2011 N 405-FZ) Article 55-1. A global agreement on an obligation, secured mortgage, when recoverya for a mortgage 1. The conclusion of a settlement agreement, in accordance with the procedure established by the procedural law, on the obligation secured by the mortgage does not entail the termination of the mortgage unless otherwise stipulated by the settlement agreement. Since the court's approval of the settlement agreement, the mortgage is the responsibility of the debtor as modified by the settlement agreement. 2. Changes and additions to the mortgage registration record in connection with the approval of a court of settlement are made in the manner prescribed by article 23, paragraph 3, of this Federal Law. Federal Law of 30.12.2008 N 306-FZ) Article 55-2. Order of notification and requirements 1. The notification and requirement (hereinafter referred to as the notification) provided for by this Federal Law, the mortgage contract are sent to the address specified by the party to the mortgage contract, and also at the place of legal person or place of residence A natural person, including an individual entrepreneor. The location of the legal person is determined on the basis of information contained in the single state register of legal persons, the place of residence of the individual entrepreneor-in the single state register of individual entrepreneurs. entrepreneurs. 2. Notice shall be sent by mail by registered letter with a notice of service or shall be delivered to the addressee under the receipt. 3. The moment of receipt of a notice by a party to a mortgage contract is deemed to be: 1) the date specified in the notification of the notification of the notice to the address (location, place of residence) of the party to the mortgage contract specified therein; 2) The date specified on the copy of the notice by the party to the mortgage contract or its representative when the notification is served under receipt; 3) the date of the party's refusal by the party to the mortgage contract from receipt of the notice if the waiver is fixed the organization of the postal service; 4) the date on which the notification was given, sent by mail by registered mail with a notice to the address (location, place of residence) of the party to the mortgage contract specified therein is not given due to the absence of the addressee (s) (location, place of residence), on which The organization of the postal service informed the sender of the notification. 4. The party to the mortgage contract is also considered to be notified accordingly, if: 1) the recipient refused to receive the notice and the refusal was fixed by the organization of the postal service; 2) the notification was given An authorized person of legal entity. (Article padded-Federal Law of 06.12.2011) N 405-FZ ) CHAPTER X. THE REALIZATION OF THE COMPLETED PROPERTY, Article 56. Realization of the foreclosed property (In the wording of Federal Law of 11.02.2002) N 18-FZ) 1. The property laid down under a mortgage contract, which the court has decided upon under this Federal Law, shall be sold by sale from public tenders, except in cases provided for by this Federal Act. by law. The procedure for holding public tenders for the sale of property laid down under a mortgage contract is determined by the procedural legislation of the Russian Federation, since this federal law does not establish other rules. 2. In deciding to apply for foreclosed property, the court may, with the consent of the mortgagee and the mortgagee, determine in the decision that the property is to be implemented in accordance with article 59 of this Federal Act. Law. The same method of disposal of the mortgaged property may be provided for by the mortgagee and by the holder of an agreement to satisfy the requirements of the non-judicial police order made in accordance with article 55, paragraph 1, of the present report. Federal law. (In the wording of Federal Law of 11.02.2002) N 18-FZ) Realization of the mortgaged property in accordance with article 59 of this Federal Law is not permitted in cases where the recovery of the property in accordance with paragraph 2 of the article 55 of this Federal Act cannot be extrajudiciable. (In the wording of Federal Law of 11.02.2002) N 18-FZ) The rules of articles 447-449 of the Civil Code of the Russian Federation and this Federal Law, and that they are not provided for, is determined by an out-of-court settlement agreement. 3. In cases where the foreclosrent is made, it is exercised in accordance with the rules of this Federal Act and subsequent assignment of the right. 4. In making a decision on the application of a mortgage on a mortgage under article 62-1, paragraph 1, of this Federal Act, the court may, with the consent of the holder and the holder, determine that such a land The section shall be auctioned in accordance with the procedure provided for in article 62-1, paragraph 4, of this Federal Law. The paragraph is supplemented by the Federal Law of 18.12.2006. N 232-FZ) Article 57. The procedure for public bidding during enforcement (In the wording of Federal Law dated 30.12.2008 N 306-FZ) 1. Public tenders for the sale of foreclosed property are organized and carried out by bodies which, in accordance with the procedural legislation of the Russian Federation, are responsible for the enforcement of court decisions, unless otherwise stipulated by federal law. 2. Public tenders for the sale of foreclosed property are conducted at the place where the property is located. 3. The organizer of the public tender informs about the upcoming public tenders at least 10 days, but not earlier than 30 days before they are held in a periodical, which is the official information body of the executive body of the subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION The notice shall specify the date, time and place of the public tender, the nature of the property being sold and its initial selling price. (In the wording of Federal Law No. N 306-FZ 4. Those who wish to take part in public tenders shall deposit in advance the amount, time and order to be specified in the notice of public tender. The deposit amount cannot exceed 5 per cent of the initial selling price of the mortgaged property. Persons who participated in public tenders but did not win them are returned immediately after the end of the public auction. The note also has to be returned if the public auction has not taken place. 5. The presence of non-participants in public tenders may be restricted to local authorities only in the interest of maintaining public order. In all cases, persons entitled to the enjoyment of the property being sold or are entitled to the property are entitled to be present in public tenders. (B) Federal Law of 11.02.2002 N 18-FZ) 6. The winner of the public tender is the person who offered the highest price for the property in a public auction. This person and the organizer of the public auction shall sign on the day of their proceedings a protocol on the results of public tenders. The effect of the signing of the protocol by one of them is the consequence of article 448, paragraph 5, of the Civil Code of the Russian Federation. 7. The person who has won a public tender shall pay, within five days of their completion, the amount for which the foreclosed property (purchase price) is purchased, less the previously submitted deposit to the account specified by the organizer of the public tender. If this amount is not paid, the deposit is not returned. 8. Within five days of the introduction of the purchase price by the public tender, the organizer of the public tender shall conclude a sales contract with it. This contract and the public tender results are the basis for making the necessary entries in the One state register of rights to real estate property and deals with it. (B of the Federal Act of 30 December 2004. N 216-FZ) Article 58. The announcement of public tenders failed 1. The organizer of the public tenders declares them invalid in cases where: (1) less than two buyers were placed in public tendering; 2) did not make a mark-up against the initial selling price of the foreclosed contract property; 3) the successful bidder did not pay the purchase price within the prescribed time limit. Public tenders shall be declared invalid no later than the day following the date of any of these circumstances. 2. Within 10 days of the announcement of public tenders, the mortgagee has the right under an agreement with the applicant to purchase the foreclosable property at its initial sales price in public tenders and to credit the purchase price of its claim, Secured mortgages of this property. The rules of the Russian Federation's civil law on the sales contract apply to such an agreement. Mortgage is then terminated. 3. If the agreement on the acquisition of property by the solver referred to in paragraph 2 of this article has not taken place, a second public tender shall be held no later than one month after the first public tender. The initial sale price of the mortgaged property at repeated public tenders, if they are caused by the reasons set out in paragraphs 1 and 2 of paragraph 1 of this article, is reduced by 15 per cent. Public tenders shall be conducted in accordance with the procedure provided for in article 57 of this Federal Act. 4. In the case of a rebidding of public tenders failed for the reasons specified in paragraph 1 of this article, the holder is entitled to acquire (retain) the mortgaged property at a price not more than 25 per cent lower than its initial transaction the sale price in the first public auction of, except for the land referred to in article 62-1, paragraph 1 of this Federal Law, and the purchase price of the claims secured by the mortgage. (In the wording of Federal Law of 18.12.2006) N 232-FZ) If the mortgagee left behind the foreclosed property, which by its nature and purpose may not belong to it, including property that has significant historical, artistic or other property Cultural property for society, land, it is required to dispose of the property in accordance with article 238 Civil Code of the Russian Federation. 5. If the mortgagee does not seize the right to leave a mortgage for himself within a month after the announcement of the rebidding of public tenders, the mortgage ceases. The{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } The court order, the organizer of the auction and the bailiff (in writing) of the application for self-mortgage. The Protocol on the Recognition of the Re-public Tendering of the insolvent, the application of the mortgagee on the abandonment of the subject of the mortgage and a document confirming the transmission of the application to the organizer of the auction shall be sufficient grounds for registration Ownership of the mortgagee's mortgagee. (Paragraph is supplemented by Federal Law of 30.12.2008. N 306-FZ 6. The special conditions for the holding of public tenders for the sale of land which are the subject of a mortgage in accordance with article 62-1, paragraph 1, of this Federal Act are established by article 62-1, paragraph 3, of this Federal Act. The paragraph is supplemented by the Federal Law of 18.12.2006. N 232-FZ) Article 59. Implementation of the foreclosed property on thesides 1. The sale of a mortgage on the agreement of the parties to an out-of-court settlement is carried out by holding an open auction by the organizer of the auction, which acts on the basis of the contract with the mortgagee and stands for his or her own name. The sum of the compensation of the organizer of the auction is deducted from the amount raised in the sale of the subject of the mortgage. If the remuneration of the tender organizer exceeds three percent of the amount raised in the sale of the mortgage, the difference between the remuneration stipulated by the contract with the organizer of the tender and the three percent of the amount raised in the sale The mortgage is not refund-value due to the value of the mortgage and paid at the expense of the mortgagee. 2. Sale of foreclosable property at a closed auction is permitted only in cases provided for by federal law. 3. Prior to the auction, the organizer of the auction or the mortgagee shall send the notification to the holder on the need to fulfil the obligation secured by the mortgage. The notification shall be sent to the holder by registered mail at the address specified in the mortgage contract or by another known place of residence or the location of the holder. Notice of the need for a secured mortgage must include the following information: 1) the size of the unfulfilled obligation as of the date of notification; 2) offer to perform the secured Mortgage liability; 3) a warning that the foreclosed property has the right to recover the foreclosed property upon default. 4. In the event of failure to meet the requirements of the notice of tender, within 10 days of the date of receipt of the notification, or, if that period expires, 45 days from the date of the notice to the holder or the organizer of the tender The notification to the holder sends the notification to the holder, the holder of the tender notice and publishes the notice of tender. 5. The notice of tender shall include: 1) name, place of residence or name, location of the applicant; 2) the name, place of residence or name, location of the holder; 3) the name of the mortgage commitment. In cases where this obligation is based on a contract, the parties to the contract must be specified, the date and place of its conclusion; 4) the name, description and description of the immovable property subject to the mortgage; 5) time and place of bidding; 6) name, location, telephone number of the organizer. 6. The published notice of the tender should include the following information: 1) the name, location, description and description of the hypothème properties; (2) size, time and order Deposits with those involved in the bidding process. The deposit cannot exceed five per cent of the initial sale price of the foreclosed property; 3) the order and date of payment of the purchase price; 4) time and place of bidding; 5) Name, location, contact number of the organizer of the tender and its payment details. 7. The notice of tendering should be published in the periodical publication, which is the official information body of the executive authorities of the constituent entity of the Russian Federation, at the place of real estate. 8. From the date of the first publication of the invitation to tender, the holder may not make transactions with respect to the subject of the mortgage (except for transactions with the mortgagee aimed at terminating the secured mortgage), and if such transactions were committed, they may be declared null and void. 9. As of the date of the first publication of the notice of tendering until the date of bidding, it must be completed at least ten days. 10. If, without recourse to the court (extrajudicially) by the present Federal Law, in the realization of the mortgaged property, the initial selling price of the subject of the mortgage is set to equal Eighty percent of the value of the real estate, as defined in the report of the appraiser, provided that the other is not determined by the agreement of the parties about the foreclosing on non-judicial real estate. Unless otherwise specified by a federal law, the involvement of the assessor to determine the initial sale price of the foreclosed immovable property is mandatory when seeking: (1) the right to lease real estate; 2) The right of the party to the share building requirement arising from the agreement of participation in the equity construction that meets the requirements of the Federal Law " On participation in the equity construction of apartment buildings and other objects of real estate and on introduction OF THE PRESIDENT OF THE RUSSIAN FEDERATION "Real estate", whose assessment under the mortgage contract is more than five hundred thousand roubles. 11. The holder, at the request of the holder in writing, shall not later than three working days after the submission of such a requirement shall be required to transmit the necessary documents for the holding of the tender and the transfer of the subject of the mortgage to the person; the winning bid. If the debtor, the mortgage holder or a third person has fully satisfied all the secured mortgage claims of the mortgage holder prior to the payment of the mortgage-related claim, The holder shall not later than the working day following the day of receipt of the cash in his account shall be obliged to return all documents previously submitted by the holder to the holder. 12. The provisions set out in article 57, paragraphs 2, 4-8, of this Federal Act are also applicable to the disposition of property by agreement of the parties. 13. The grounds, order and consequences of the recognition of tenders are regulated by article 58 of this Federal Act. 14. In order to realize the foreclosed property in the manner provided for in this article, the solver shall have the right to conclude all necessary transactions in his or her own name (including contracts with the organizer of the trades and In addition to signing all the documents necessary for the implementation of the property, including the act of receiving-transfer. (Article in the wording of the Federal Law from 30 December 2008 N 306-FZ) Article 59-1. Abandon of foreclosed property In accordance with article 9, paragraph 1-1 of this Federal Law and in the manner prescribed by this paragraph, the parties to the mortgage contract are entitled to establish a provision on that the mortgagee has the right to leave the foreclosable property upon the application of the charge against the mortgage, both out of court and on the court's decision, taking into account the requirements of article 55, paragraphs 2 and 3, of this Federal Law. (The article is supplemented by the Federal Law of 06.12.2011). N 405-FZ Article 60. Discontinuation of the foreclosed property and its implementation 1. The debtor of the secured mortgage obligation and the third party's mortgage holder has the right to cease the application of the foreclosed property, satisfying all the mortgage-backed claims of the mortgagee to the extent required by the mortgagee at the time of payment of the sums. This right may be exercised at any time before the sale of the mortgaged property in public tenders, the auction or the tender, or the acquisition of the right to that property in due course. (In the wording of Federal Law of 11.02.2002) N 18-FZ) 2. A person who requires the termination of the foreclosed property or the disposal thereof shall be liable to compensate the mortgagee for the expenses incurred in connection with the application of the recovery of the property and its implementation. Article 61. The distribution of the amount raised from property implementation 1. The amount raised from the sale of the property laid down under the mortgage contract is distributed among the claims for collection by the mortgage holders, other creditors of the borrower and by the borrower. The distribution is carried out by the enforcement authority, or, if the foreclosed property was brought out of court, by the organizer of the auction, or in the event of no bidding, the notary, in compliance with the rules Article 319, paragraph 1 of article 334, paragraphs 3 and 4 of article 350 of the Civil Code of the Russian Federation, as well as article 46 of this Federal Law. 2. The requirements of the subsequent hulk shall be met from the value of the post after the requirements of the previous lock-up holder are satisfied. 3. After the distribution of the proceeds from the disposal of the mortgaged property between all the mortgagees of the realized mortgaged property, in the order of priority established on the basis of the data The State register of real property rights and transactions is allocated to the sum of penalty, other penalties and damages payable to the mortgagee in accordance with the terms of the secured mortgage. 4. If the subject of the mortgage referred to is State or municipal property, the amounts to be transferred to the holder in the order and priority set out in this article shall be credited to the relevant budget. 5. If the subject of the mortgage on which the recovery is sought is the owner's mortgage, which is transferred to the mortgage in order to ensure that the borrower is a natural person with the obligation to repay the loan or loan, provided for the purpose of acquiring a dwelling, the obligation of such a borrower-a natural person to a lender-the mortgagee shall be terminated when the proceeds of the mortgage or the value of the abandoned the mortgagee for himself was not sufficient for himself to satisfy all the monetary claims of the lender-of-the-mortgage, from the date of receipt by the creditor, the insurance payout of the insurance payment under the liability of the borrower and (or) under the insurance agreement of the financial risk of the creditor. At the same time, in case of recognition by the insurer the bankrupt of the obligation of the obligor-person to the creditor-the loggerman is terminated from the date of the mortgage and/or leaving the creditor-the holder of the mortgage for itself. (...) (...) N 169-FZ (Article in the wording of Federal Law of 06.12.2011) N 405-FZ CHAPTER XI IMPACTS OF LAND-LOCKED PARTICIPANTS Article 62. Land that can be the subject of a mortgage 1. According to the mortgage contract, land plots can be laid down as long as the land in question is not excluded or trafficked under federal law. (In the wording of the Federal Law of 5 February 2004, N 1-FK) 1-1. If a land parcel is transferred under a lease to a citizen or legal entity, the tenant of a plot of land has the right to transfer the lease rights of a plot of land within the period of the lease of the land plot with the consent of the owner Land. Lease of lease rights to land in state or municipal property, the lessee of such land is permitted within the lease term with the owner's consent Land. For the lease of a land in state or municipal property for a period of more than five years, the guarantee of the lease is permitted without the consent of the owner of the land, provided that it is notified. (Paragraph is supplemented by Federal Law of 18.12.2006. N 232-FZ) (Item added to the Federal Law of 05.02.2004) N 1-F) 2. With the common or joint ownership of the land referred to in paragraph 1 of this article, a mortgage may only be placed on a land owned by a national or legal entity, allocated in kind from the land, in common or joint ownership. Article 62-1. Mortgage of land plots in municipal property and land plots of land, state property on which are not delimited 1. The collateral for a mortgage contract may be the land parcels owned by the municipal government and the land on which the state property is not demarked if such land is for housing Construction or integrated development for housing and transfer of credit granted by a credit institution to the construction of land plots through the construction of engineering facilities infrastructure. 2. The decisions on mortgages of land owned by municipal property referred to in paragraph 1 of this article shall be made by the local authorities. The decisions on the mortgage of land parcels, whose state property is not demarked and referred to in paragraph 1 of this article, shall be taken by the State authorities of the constituent entities of the Russian Federation or by the local authorities. Selfgovernment with powers to dispose of these land plots in accordance with the legislation of the Russian Federation. 3. The organization and conduct of public tenders for the sale of land referred to in paragraph 1 of this article shall be carried out in accordance with articles 57 and 58 of this Federal Act, taking into account the summons issued by the court. The land plot laid down under the mortgage contract, the special conditions for the limit of rebidding and the reduction of the initial selling price on them. Following the announcement of all public tenders for the sale of the land referred to in paragraph 1 of this Article, the mortgage of such land is terminated. 4. If the land referred to in paragraph 1 of this article is subject to article 56, paragraph 4, of this Federal Act, the land shall be implemented in accordance with the procedure laid down in articles 39 to 11-39 of the Land OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 171-FZ) The initial sales price is set by the court's decision to apply for the foreclosed land claim; The organizer of the auction is a specialized organization selected with the consent of the applicant; the number of reauctions and the reduction in the initial sales price of the initial sales price shall be determined by the applicant with the consent of the applicant; and, in the event of a dispute by the organizer, Auction. After all auctions are announced, or after the conclusion of a contract for the purchase and sale of the land referred to in paragraph 1 of this article, with the sole mortgage on the land is terminated. (Article padded: Federal Law of 18.12.2006) N 232-FZ) Article 63. Land not subject to mortgage 1. The mortgage of land in state or municipal property is not permitted under this Federal Act, except for the land referred to in article 62-1, paragraph 1, of this Federal Act. (In the wording of the federal laws of 05.02.2004, N 1-FZ; of 18.12.2006 N 232-FZ 2. It is not possible to mortgage a part of a plot of land that is less than the minimum size stipulated by the normative acts of the constituent entities of the Russian Federation and the normative acts of the local self-government bodies for the land of different target regions. and the authorized use. Article 64. Mortgage land on which there are buildings or structures belonging to the testator 1. In the case of a mortgage, the right of bail is also extended to the building or construction of the building or construction on the land. (In the wording of the federal laws of 22 December 2008, N 264-FZ; of 06.12.2011 N 405-FZ)The right of the holder to dispose of such a building or structure, the conditions and consequences of the conversion to other persons are governed by the rules of Chapter VI of this Federal Act. of the law. (Paragraph 3 has been lost because of Federal Law of 06.12.2011). N 405-FZ) (Paragraph as amended by Federal Law of 30.12.2004) N 216-F) 2. (Spconsumed by Federal Law of 06.12.2011) N 405-FZ) 3.(Spconsumed out-Federal Law of 30.12.2004 N 216-FZ) 4. (...) (...) N 1 FZ; lost power-Federal Law of 06.12.2011 N 405-FZ) Article 64-1. Mortgage of land purchased with use of a bank's credit funds or other credit organization or target loan 1. Unless otherwise provided by a federal law or by a contract, a plot of land acquired with the use of credit funds of a bank or other credit institution or means of a special loan granted by another legal person for purchase This land is considered to be on bail since the State registration of the borrower's ownership of the land. If the land area is leased, a mortgage is created under the law for rent, unless otherwise stipulated by federal law or by a lease contract. The holder of this pledge is a bank or other credit institution or another legal entity that has granted a loan or a loan for the acquisition of a plot of land or land lease rights. 2. The rules on the arising bond of immovable property and lease rights of a real estate are applicable to an emerging land plot or lease right in accordance with paragraph 1 of this article, respectively. Property. 3. Land purchased with the use of savings for the accommodation of soldiers provided under the contract of the target housing loan in accordance with the Federal Law " On Housing and Mortgage System "Military personnel" are considered to be on bail since the state registration of the borrower's ownership of the land. In the case of the use of credit (loan) funds of a bank or other organization, this land shall be deemed to be on bail (mortgage) from the creditor concerned and the Russian Federation in the person who has granted the target housing estates The acquisition of a land plot of the federal executive branch, which ensures the functioning of the housing and mortgage system of military personnel. The mortgage-backed liability is not issued to the Russian Federation for the purpose of certifying the rights of the Russian Federation. In the case of a deposit of a land at the same time, the Russian Federation's claim to the Russian Federation is satisfied after satisfying the requirements of the creditor. (the paragraph is amended to include the Federal Law of 28 June 2011). N 168-FZ) N 216-FZ) Article 64-2. Mortgage of the land on which the buildings or structures are located, purchased or built with credit bank or other credit organization or Loan 1. Unless otherwise provided by a federal law or by a treaty, a plot of land on which a bank or other credit institution or a special purpose loan from another legal entity has been acquired, A building or structure is built or constructed, or the right to lease such a land is considered to be on bail from the moment of the state registration of ownership of acquired, constructed or constructed buildings. (In the wording of the federal laws of 22 December 2008, N 264-FZ; of 06.12.2011 N 405-FZ) 2. The holder of the collateral referred to in paragraph 1 of this article is a bank or other credit institution or other legal entity providing credit or target for construction or acquisition Buildings or structures. (...) (...) N 264-FZ) N 216-FZ) Article 65. Renegation of buildings or structures on the planted land 1. On the land plot laid down in the mortgage contract, the mortgagee has the right without the consent of the mortgagee to build buildings or structures in accordance with the established procedure, unless otherwise stipulated by the mortgage contract. Unless otherwise provided for by a mortgage contract, the mortgage is extended to these buildings and structures. (...) (...) N18-FZ) If the mortgage on the margin of the building or structure is causing or is likely to result in a deterioration of the security granted to the mortgagee of the mortgagee, the mortgagee has the right to According to article 450, paragraph 2, of the Civil Code of the Russian Federation , it is necessary to modify the mortgage contract, including, if necessary, By extending mortgage to a constructed building or building . 2. The construction of buildings or structures on the foreclosed land, if the rights of the holder are certified by a mortgage, is permitted only if the right of the holder is provided for in the mortgage, subject to the conditions that are reflected therein. Article 66. Mortgage plot of land on which there are buildings or structures belonging to the third persons If a mortgage is placed on a plot of land on which a building or structure is not located the holder and the other person, when the holder of the recovery of the claim to this site and his/her realization to the purchaser of the section, shall transfer the rights and obligations which the holder has had as the owner of the site. Article 67. Assessment of the land plot on his mortgage 1. The assessment of the land plot is carried out in accordance with the legislation governing the assessment activities in the Russian Federation. 2. The collateral value of a mortgage on a mortgage contract is established by agreement of the mortgage holder with a mortgage holder. 3. N 66-FZ (Article in the wording of Federal Law of 05.02.2004) N 1-FH) Article 68. The details of the application for the recovery of the land plots and their implementation are 1. The land purchased on sale in public auction, auction or tender is subject to the requirements of the permitted use. A person who has acquired a plot of land on sale in public auction, auction or tender has the right to change the designation of the land only in the cases provided for in the land legislation of the Russian Federation, or in the prescribed way. The law is in order. 2. Sale and purchase at public auction, auction or tender of the land plots shall be subject to the restrictions imposed by the federal law on the range of persons who may acquire such areas. 3. The foreclosing land plot is not allowed to be recovered from the agricultural land until the end of the relevant period of agricultural work, taking into account the time required to implement the land produced, or Agricultural production and processed products. This requirement is valid until November 1, which provides for the execution of a secured mortgage or part of a mortgage, unless a mortgage contract is provided for another date. (Item padded to the Federal Law 05.02.2004 N 1-FH) 4. The holder of the foreclosing and disposal of the land shall be the basis for termination of the right of use of the mortgagee and any other person who owns the land. The paragraph is supplemented by the Federal Law of 22 December 2008. N 264-FZ) CHAPTER XII. OBSTACLES IN THE TEXTS OF ENTERPRISES, HEALTH, TRAFFIC AND PROMISING (In the wording of Federal Law dated 17.07.2009 N 166-FZ) Article 69. Mortgages of enterprises, buildings or structures with the land on which they are located When a business is mortgaged as a property complex (hereinafter-the enterprise), the collateral is extended to all its members (art. 340, para. 2, of the Civil Code of the Russian Federation). A building or structure is only permitted with a mortgage on the same contract of land on which the building or structure is located. In the version of federal laws of 26.06.2007 N 118-FZ; of 06.12.2011 N 405-FZ) If the mortgage holder owns a plot of land on the right of a lease, a mortgage on a given plot of land or constructions is considered to be the right to rent a plot of land. (Part of the addition is the Federal Law of 6 December 2011. N 405-FZ) The right of permanent use of the land on which the enterprise, building or construction is located is not subject to the right of deposit. Upon seeking the recovery of such an undertaking, the building or construction of the person who acquires the property acquires the right to use the land on the same terms and in the same amount as the old owner (the holder) Real estate. In the case of a non-residential mortgage, along with non-residential premises, the ownership of the property in the building and the ownership of the plot of land (rights) are considered to belong to the mortgagee ). (Part of the addition is the Federal Law of 6 December 2011. N 405-FZ) Article 69-1. Mortgage of buildings, structures and non-residential premises, purchased with credit bank or other credit organization or target loan If not otherwise is provided for by a federal law or by a loan agreement or by a loan agreement, a building or facility with a plot of land on which they are located, uninhabited premises acquired, or built in whole or in part, by the use of the target credit funds of the bank or other credit institution or funds The target loan granted by another legal entity for the acquisition of the specified properties is on bail from the creditor under such an obligation from the moment of state mortgage registration in the Single State Register of Rights Immovable property and transactions. (...) (...) N 405-FZ) The bank or other credit institution or other legal entity referred to in Part 1 of this article is the collateral for this bond. Law of 17.07.2009 N 166-FZ) Article 70. Mortgage of the enterprise as a property complex 1. The transfer of the enterprise to a mortgage is allowed with the consent of the owner of the property belonging to the enterprise or its authorized body. The contract for a mortgage on an enterprise that violates this requirement is negligible. 2. If the subject of the mortgage is an enterprise and other is not provided for by the contract, the foreclosed property consists of tangible and intangible assets, including buildings, structures, equipment, tools, raw materials, finished products, right of claim, exclusive rights. 3. The composition and valuation of the property transferred to the mortgage is determined on the basis of a full inventory of the property. An act of inventory, an accounting balance and an independent auditor's opinion on the composition and value of the property belonging to the enterprise are binding annexes to the mortgage contract. In cases where the evaluation is mandatory under the law, an enterprise-related property valuation report is also a binding annex to the contract. (Paragraph is supplemented by Federal Law of 09.11.2001. 143-FZ) Article 71. Obligations that can be provided by a enterprise mortgage 1. Mortgage enterprise may be provided with an obligation of not less than half of the value of the property belonging to the enterprise. 2. Mortgage enterprise is provided with a monetary obligation not earlier than one year after the conclusion of the mortgage contract. In the case where the contract provides that the mortgage of the enterprise is secured by an obligation with a shorter duration, the right to apply for a mortgage on a mortgage on an unfulfilled or improper performance The obligation arises at the end of the year from the date of the conclusion of the mortgage contract. Article 72. The holder's rights for the enterprise enterprise 1. The holder has the right to sell, exchange, lease, lease the property belonging to the enterprise transferred to the mortgage and otherwise dispose of the said property, as well as to make changes in the composition of the property, if any This does not result in the reduction of the total value of the property belonging to the enterprise specified in the mortgage contract and does not violate the other terms of the mortgage contract. Without the permission of the holder, the applicant shall not be entitled to transfer property belonging to the enterprise on bail, to make transactions aimed at the alienation of immovable property belonging to the enterprise, unless otherwise established a mortgage contract. 2. In the event of failure by the mortgagee to secure the mortgagee, the ineffective use of the property, which may result in a lower cost to the enterprise, the mortgagee may apply to the court to demand on the early fulfilment of the secured mortgage or the introduction of mortgage control over the activities of the mortgage holder. By court decision, the mortgagee may be authorized to: require the holder to submit regular accounting and other accounting documents, and to coordinate preliminary questions relating to The conclusion of transactions with the enterprise property; to apply to the owner of the property belonging to the business or to the authority authorized by it to terminate the contract with the head of the enterprise; bring suits to the court for the recognition of transactions concluded by the testator, Invalid; exercise other rights under the control of the mortgage. Article 73. Recourse to foreclosed enterprise 1. In the event of failure to comply with the obligation secured by the mortgage, the foreclosing property may only be recovered by a court order. 2. The buyer, who has acquired in public tenders the enterprise, is transferred to the latter's rights and obligations of the owner of the enterprise from the moment of the State registration of ownership of the acquired property. Chapter XIII. ESPECIERS OF LIVING HOUSES AND QUARTERS Article 74. The application of residential and apartment building rules 1. The rules of this chapter apply to mortgages intended for permanent residence of individual and apartment houses and apartments owned by citizens or legal entities. 2. The mortgage of individual and apartment houses and apartments in state or municipal property is not permitted. 3. Hotels, vacation homes, cottages, garden houses and other buildings and premises which are not intended for permanent residence, can be the subject of mortgage on common grounds. The rules set for housing and apartment mortgages are not covered. 4. Where a mortgage is a part of a dwelling house or a part of an apartment consisting of one or more isolated rooms, the rules of this Federal Housing and Apartment mortgage law apply to such a mortgage, respectively. 5. The mortgage of a dwelling house or an apartment owned by a minor, a limited or incapacitated person, or persons who have been placed under guardianship or trusteeship, is carried out in accordance with the procedure established by law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Paragraph 6 is excluded-Federal Law of 11.02.2002) N 18-FZ) Article 75. Mortgage apartments in apartment blocks When the apartment is in apartment blocks of flats, the parts of which are in accordance with article 290 (1) The Civil Code of the Russian Federation is located in the shared ownership of the mortgagee and other persons, which is considered to be a corresponding share in the right of common ownership of a dwelling. Article 76. Mortgage housing estates If a loan or a target loan is made to construct a dwelling house, the mortgage may provide for the obligation of construction in progress, and belonging to the testator with materials and equipment prepared for construction. At the completion of the construction of the apartment house, the mortgage does not stop. (In the wording of the federal laws of 24.12.2002, N 179-FZ; dated 30.12.2004. N 216-FZ) Article 77. Mortgage of houses and apartments, acquired by account of a bank or other credit organization (In the wording of Federal Law 1. Premises purchased or constructed wholly or partially by a bank or other credit institution or a special purpose loan provided by another legal entity for acquisition or construction The specified dwelling is on bail from the moment of state registration of a mortgage in the Single State Register of Real Estate Rights and Transactions. (...) (...) N 405-FZ) 2. A pledge of immovable property arising under the contract shall be applied to the deposit of a dwelling house or an apartment arising under paragraph 1 of this article, respectively. 3. The tutelage and guardianship authorities shall have the right to consent to the transfer and/or the transfer of a dwelling to a dwelling in which the members of the family of the owner of the dwelling are located or who remain under guardianship or trusteeship. In the case of minors, the family members of the owner's family (which is known to the tutelage and guardianship authorities) are not affected by the rights or interests protected by the law. Decision of the tutelage and guardianship authorities to give consent to alienation and/or transfer to a mortgage of a dwelling where the persons concerned live, or a reasoned decision to refuse such consent must be shall be submitted in writing to the applicant not later than 30 days after the date of application for such consent. The decision of the tutelage and guardianship authorities may be challenged in court. (Paragraph in the wording of Federal Law , 30.12.2004 N 216-FZ) 4. Accommodation (accommodation) purchased or constructed in whole or partially with the use of savings for the accommodation of troops provided under the contract of the target housing loan in accordance with the Federal Law " On "The mortgage-mortgage system of servicemen" is considered to be on bail from the moment of state registration of the borrower's property rights to this dwelling house or this apartment. In the case of the use of credit (loan) funds of a bank or other organization, it is considered to be on deposit (mortgage) under the law of the respective creditor and of the Russian Federation in the person of the federal authority The executive branch is responsible for the operation of the housing mortgage system of the military, which provides a targeted housing loan for the purchase or construction of a dwelling (s). (In the wording of the federal laws of 28 June 2011, N 168-FZ; dated May 6, 2011 N 405-FZ) In this case, the mortgage for the purpose of the Russian Federation's licence on the secured mortgage is not issued. In the case of the accommodation of a dwelling (s) at the same time as the creditor and the Russian Federation, the claim of the Russian Federation is satisfied after satisfying the requirements of the creditor. (The paragraph is supplemented by the Federal Law of April 4, 2007). N 324-FZ) Article 77-1. Mortgage Home 1. In the case of a loan or loan for the construction of a leased house or for the purchase of all premises in a hired home or a residential building, a plot of land that has been provided or is intended for the construction of a hired house Either the house is located or the lease right of this land is posted on the basis of state registration of mortgage in the Single State Register of Rights to immovable property and transactions with it. 2. In the event that a plot of land provided for or intended for the construction of a rented house is in accordance with paragraph 1 of this article or the right to lease the land is posted on bail, a building (created) This land is an employee home. In the State registration of ownership of the construction in progress on this land, such an object is considered to be on bail from the time of the state registration of ownership of the object. From the date of issuance in accordance with the procedure established by the law on town planning activity, permission for the commissioning of a plot built on this land in operation until the date of the state registration of ownership of all premises in In the case of a paid house or a dwelling house, an employee's house in this land, put into operation, is considered to be on bail. 3. At the time of the State registration of the right of ownership to all premises in the rented house or to a dwelling house which is located on a plot of land which is or is entitled to lease in accordance with paragraph 1 of this article, such a dwelling, such a dwelling house shall be deemed to be on bail from the time of the State registration of ownership. The mortgage of such premises is subject to State registration at the same time as the State registration of ownership. 4. The holder of the mortgage referred to in paragraphs 1 to 3 of this article shall be a bank or other organization which has granted credit or loan for the construction of a loan house or for the purchase of premises in a hired home that is a hired home. 5. Accommodation in the paid house is provided by a contract for the employment of a dwelling, a contract for the employment of a dwelling house for social use in accordance with the housing law without the consent of the holder. 6. In the event of an application for recovery by a bank or other organization which has granted the loan or loan referred to in paragraph 1 of this Article, the land or lease right of the land on which the house is located or is built on the premises the construction in progress on this land plot, on all premises in the rented house or on a rented house, by the decision of the holder, the sale of the land (assignment of lease right), the object of the work in progress, is carried out construction, all premises in such a house, such a dwelling house, one person with a preservation The established purpose of the use of the specified properties in the manner prescribed by articles 57 and 58 of this Federal Law. 7. In the event that the first public tender for the sale of the foreclosed property referred to in paragraph 6 of this article and, in the case of the rebidding of public tenders, also the rebidding of the said property has not been declared, The enforcement proceedings shall be suspended until the receipt of an executive document issued pursuant to a court decision referred to in paragraph 8 of this article. The suspension of the executive proceedings and the reasons for its suspension shall notify the holder of the bailiff. The holder may not, however, exercise the right provided for in article 58, paragraph 4, of this Federal Act. 8. In the case referred to in paragraph 7 of this article, a judicial decision is taken to terminate the use of immovable property referred to in paragraph 6 of this Article, in accordance with the established purpose of use and termination The statutory limitation (encumpling) of the right of ownership of the mortgagee to the foreclosed house, as well as to the holding of public tenders, in accordance with the provisions of the Convention on the Rights of the Sea. 9 of this article. 9. The sale of the mortgaged property referred to in paragraph 8 of this article shall be carried out in public tendering in accordance with articles 57 and 58 of this Federal Law. The initial sale price of the foreclosing property is determined by the decision of the court on the basis of the appraiser's report and is determined by the fair market value of the mortgee property as defined in the appraiser's report. 10. In accordance with the Housing Law, a decision or agreement on the provision of State, municipal and (or) other support for the establishment, operation and maintenance of the social benefit claim of the said Support for changes in the use of the building as a social-use-house (hired house for commercial use) or to stop the use of the building as a mercenary at home before the expiry of the period specified by the said decision or The contract provides mortgages for all premises in such a house, or a residential house for social use of a dwelling, for the construction, the operation of which is provided with such support, land or lease rights The land plot on which the social use house is located or is being built is the object of construction in progress on this land. 11. In the case of the provision of State, municipal and (or) other support for the establishment, operation of a paid social service house and referred to in paragraph 1 of this article of credit or loan, set out in paragraph 10 of this article The requirements for reimbursement of such support are provided by subsequent mortgages of real property objects referred to in paragraph 10 of this article, the rights to the specified objects from the moment of the previous mortgage to the specified objects, to such objects. The right of a bank or other organization that has granted the said loan or loan. 12. In the event that the value of the fixed assets specified in paragraph 10 of this article is not sufficient to satisfy the requirements for compensation for State, municipal and/or other support, The obligation to recover this support does not cease. 13. State registration of a mortgage on the basis of the law and subsequent mortgages due to the law on immovable property, the rights to such facilities in the cases referred to in paragraphs 10 and 11 of this Article shall be treated as being issued as a holder of an executive organ of the State, a local government authority, another person who has provided the State, municipal and/or other support for the establishment, operation of a paid home Social Use. (Article supplemented-Federal Law of July 21, 2014. N 217-FZ) Article 78. Recourse to a dwelling house or a apartment (In the wording of the Federal Law (...) (...) N 179-FZ 1. The holder of the foreclosed house or apartment and the disposal of the property shall constitute grounds for termination of the right to use the mortgagee or any other person residing in such a dwelling house or apartment, provided that Such a dwelling house or apartment has been laid down under a mortgage or a mortgage contract due to the law to secure the repayment of a loan or a special loan provided by a bank or other credit institution or other legal entity to acquire or Construction of a dwelling house or apartment, capital repairs or other an indissociable improvement, as well as repayment of previously provided credit or loan for the purchase or construction of a dwelling or apartment. (In the wording of Federal Law No. N 216-FZ )Exemptions of such houses or apartments are carried out in the manner prescribed by federal law. (Paragraph in the wording of Federal Law dated 24.12.2002 N 179-FZ 2. Recourse to foreclosed houses or apartments is possible both in court and in court, in accordance with the rules established by chapter IX of this Federal Law. (...) (...) N 179-FZ ) A residential house or apartment that is mortgaged under a mortgage contract and is subject to recovery, is sold from tenders held in the form of an open auction or competition. (Federal Law Paragraph of 11.02.2002) N 18-FZ) 3. The contract of employment or lease of a dwelling which has been entered into before the mortgage or with the consent of the mortgagee after the creation of the mortgage, the implementation of the residential premises shall remain in force. The conditions for its dissolution are determined by the Civil Code of the Russian Federation and the housing legislation of the Russian Federation. (In the wording of Federal Law No. N 216-FZ CHAPTER XIV. FINAL PROVISIONS Article 79. Introduction of this Federal Law 1. This Federal Law will be enacted on the date of its official publication. 2. The rules of the Russian Federation Law "On pledge" from the date of the enactment of this Federal Act are subject to the application of immovable property to the mortgage (mortgage) only insofar as they do not contradict this Federal Law. Prev the Federal Law of the Federal Laws and other legal acts of the Russian Federation (art. 3, paras. 3 and 4 3. The rules of this Federal Law apply to the relations arising from the mortgage of immovable property (mortgage) upon its enactment. This Federal Law applies to the rights and duties that will arise after the enactment of this Federal Act, prior to the enactment of this Federal Act. 4. Invite the President of the Russian Federation to bring his legal acts into conformity with this Federal Law. 5. To instruct the Government of the Russian Federation: to bring its legal acts into conformity with this Federal Law; to adopt legal acts giving the implementation of this Federal Law. President of the Russian Federation B. Yeltsin Moscow, Kremlin 16 July 1998 N 102-FZ