About Mortgages (Mortgage)

Original Language Title: Об ипотеке (залоге недвижимости)

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102054365

RUSSIAN FEDERATION federal law on mortgages (mortgage) adopted by the State Duma June 24, 1997 year approved by the Federation Council of the year July 9, 1998 (as amended by the federal laws from traffi cking N 143-FZ;
from 11.02.2002 N 18-FZ; from 24.12.2002 N 179-FZ;
from 05.02.2004 N 1-FZ; from 06/29/2004 N 58-FZ;
from Nov 02, 2004 N 127-FZ; from 30.12.2004 N 214-FZ;
from 30.12.2004 N 216-FZ; from 04.12.2006 N 201-FZ;
from 18.12.2006 y. N 232-FZ; from 26.06.2007 N 118-FZ;
from 04.12.2007. N 324-FZ; from 13.05.2008 N 66-FZ;
from 22.12.2008 N 264-FZ; from 30.12.2008 N 306-FZ;
from 17.07.2009 N 166-FZ; from 17.06.2010 N 119-FZ;
from 28/06/2011 N 168-FZ; from 01.07.2011 N 169-FZ;
from 06.12.2011 N 405-FZ; from 07.05.2013 N 101-FZ;
from 21.12.2013 N 363-FZ; from 23.06.2014 N 169-FZ;
from 23.06.2014 N 171-FZ; from 21.07.2014 N 217-FZ;
from 29.12.2014 N 476-FZ; by 31.12.2014 N 499-FZ;
from 06.04.2015 N 82-FZ; from 05.10.2015 N 286-FZ) Chapter i. BASIC PROVISIONS of Article 1. The basis for the mortgage and its regulation 1. Under the agreement on mortgage of immovable property (mortgage agreement) one party-the mortgagee who is a creditor under an obligation secured by a mortgage, has the right to obtain satisfaction of their financial claims against the debtor under this obligation from the value of the pledged real estate the other mortgagor preferentially before other creditors, for the exceptions stipulated by the Federal law.
The pledgor may be debtor himself under an obligation secured by a mortgage, or a person not involved in this commitment (third person).
The property on which the mortgage is established, remains at disposal of mortgager in its possession and use.
2. mortgage of immovable property arising under federal law upon the occurrence of the circumstances specified therein (hereinafter referred to as mortgages in virtue of the law) shall be applied respectively on mortgage rules arising by virtue of a contract of mortgage, if federal law provides otherwise. (As amended by the Federal law of 11.02.2002 N 18-FZ)
3. General rules on pledge contained in the Civil Code of the Russian Federation, shall be applied to relations under the mortgage in cases where the code or this federal law does not stipulates other rules.
4. mortgage of land plots, factories, buildings, constructions, apartments and other real estate can only arise insofar as their turnover is permitted by federal laws.
Article 2. Obligation provided by mortgage Mortgage can be set to ensure the obligations under the loan agreement, the loan agreement or other obligations, including the obligation, based on sale and purchase, lease, contract, other agreement, causing harm, unless otherwise stipulated in the Federal law.
The commitments offered by mortgage, subject to accounting the creditor and the debtor, if they are legal persons, in the manner prescribed by the legislation of the Russian Federation on accounting.
Article 3. Requirement provided mortgages 1. Mortgage provides payment to the mortgagee the principal on the loan agreement or otherwise secured by a mortgage obligation in whole or in part, under the agreement on mortgage.
A mortgage that is set in the enforcement of the credit contract or loan agreement with the condition of interest payments, also provides a payment to a creditor (creditor) owed him interest for the loan (borrowings).
If the contract does not stipulate otherwise, the mortgage provides the payment of sums due to the mortgagee to him: 1) in damages and/or as forfeit (fine, penalty) due to failure, delay in performance or improper performance of an obligation provided with hypothec;
2) in the form of interest for improper use of foreign funds, provided for secured mortgage obligation or federal law;
3) reimbursement of legal fees and other costs caused by the levy of execution on the pledged property;
4) in reimbursement for the sale of the pledged property.
2. If the contract does not stipulate otherwise, the mortgage shall secure the claims of the pledgee to the extent that they have by the time they are satisfied because of mortgaged property.
3. unless the contract of mortgage firm show the total amount of claims of the pledgee secured by mortgage, the debtor prior to the mortgagee in the portion exceeding this amount are not considered to be secured by a mortgage, except for claims based on subparagraphs 3 and 4 of paragraph 1 of this article or in article 4 hereof.
Article 4. Providing mortgage additional costs in cases where the mortgagee chargee in accordance with the terms of the mortgage or because of the need to preserve the property pledged hereunder, incur expenses for its maintenance and/or protection of any debt of the pledgor related property taxes, levies or utility payments, reimbursement of necessary expenses such mortgagee shall be ensured at the expense of the mortgaged property.
Article 5. Property, which can be mortgaged

1. Under the mortgage can be mortgaged immovable property referred to in paragraph 1 of article 130 of the Civil Code of the Russian Federation, the right to which is registered in the manner prescribed for State registration of rights to real estate and transactions with it, including: (as amended by federal law from 30.12.2004 N 216-FZ) 1) land, except land, referred to in article 63 of this federal law;
2) enterprises, as well as buildings and other immovable property used in business activities;
3) houses, apartments and parts of houses and apartments consisting of one or several isolated rooms;
4) cottages, garden houses, garages and other buildings targeted at consumers;
5) aircraft and vessels, inland vessels and space objects.
Buildings, including homes and other buildings and structures, directly related to land may be mortgaged, subject to the rules of article 69 of this federal law.
The lack of State registration of ownership of plots of public ownership are not clear, does not constitute an obstacle to the mortgages of such land in accordance with article 62-1 hereof. (The paragraph is supplemented by federal law from 18.12.2006 y. N 232-FZ)
2. The provisions of this federal law apply to mortgage of unfinished construction real estate, built on a plot of land in accordance with the legislation of the Russian Federation, including buildings and structures, subject to the rules of article 69 of this federal law. (As amended by the Federal law of 11.02.2002 N 18-FZ)
3. Unless otherwise provided by contract, the thing which is the subject of mortgage is considered to be mortgaged together with accessories (article 135 of the Civil Code of the Russian Federation) as a whole.
4. Part of the property section which kind is impossible without changing its purpose (indivisible thing), cannot be a subject of mortgage.
5. the rules on mortgage of immovable property shall be applied respectively to pledge the rights of a lessee under a lease contract such property (lease contract), unless otherwise established by federal law and is not contrary to the essence of the lease.
Rules on mortgage of immovable property shall also apply to the rights of claim against the party's pledge of share construction arising from the contract of participation in share participation construction to meet the requirements of the Federal law dated December 30, 2004 N 214-FZ "on participation in share participation construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation (hereinafter referred to as the Federal law on participation in share participation construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation"). (The paragraph is supplemented by federal law from 04.12.2007. N 324-FZ; as amended by federal law from 17.06.2010 N 119-FZ), Article 6. The right to property under mortgages 1. Mortgages can be installed on the specified in article 5 hereof property which is owned by the pledgor to the ownership or the right of economic management.
2. it is not allowed to mortgage the property seized from the property in accordance with the Federal law may not be levied, as well as property in respect of which, in the manner prescribed by the Federal law provides for mandatory privatization or privatisation which is prohibited.
3. If the mortgaged property is the property of alienation which requires the consent or permission of another person or body, the same consent or authorization is required for a mortgage of the property.
Decision on mortgage of immovable property situated in State ownership and not pinned on the right of economic management, taken by the Government of the Russian Federation or the Government (Administration) of the Russian Federation.
4. Lease contract may be subject to a mortgage, with the consent of the lessor, if the Federal law or the lease agreement does not stipulate otherwise. In the cases provided by paragraph 3 of article 335 of the Civil Code of the Russian Federation, it is also necessary to consent of the owner of the leased property or a person having the right of economic management to it.
5. Mortgage of real estate is not a ground for exemption in the pledgor under the mortgage, from the conditions under which it participated in the investment (commercial) contest, auction or otherwise in the process of privatization of property which is the subject of the pledge.
6. Mortgage extends to all inseparable improvements to the mortgaged property, unless otherwise provided for by the Treaty or the present Federal law. (Para supplemented by federal law from 30.12.2004 N 216-FZ) Article 7. Mortgage of property in common ownership

1. On property located in a common joint property (without specifying the share of each of the owners of the right to property), mortgages can be installed with the consent of all the owners. Consent must be given in writing if federal law provides otherwise.
2. a participant in share ownership can lay its share in the right to the common property without the consent of the other owners.
In the case of treatment on demand of mortgagee foreclosure on this share when its sale rules articles 250 and 255 of the Civil Code of the Russian Federation on the pre-emption purchase belonging to other owners, and for foreclosure of the share in the right of common ownership, except the levying of execution on a share in the ownership of common property, a residential home (article 290 of the Civil Code of the Russian Federation) in connection with the levy of execution on the apartment in this House.
CHAPTER II. CONCLUSION of AGREEMENT on MORTGAGE Article 8. General rules of conclusion of the contract of mortgage of mortgage Agreement is in compliance with the General rules of the Civil Code of the Russian Federation on the conclusion of treaties, as well as the provisions of this federal law.
Article 9. Content of mortgage agreement 1. In the mortgage contract should be specified mortgage, appraisal, creature, the size and period of performance of the obligation secured by the mortgage.
1-1. The parties may provide in the mortgage contract the condition of possibility of the levying of execution on the pledged property extrajudicially and (or) ways, the order of sale of the pledged property in foreclosure of the mortgage by a court decision.
If the mortgage occurs by operation of law, the parties are free to provide for a separate agreement on the means and condition the exercise of mortgaged property when the foreclosure of the mortgage by a court decision. To the agreement about the form and rules of State registration, set by federal law for the mortgage contract.
(Para supplemented by federal law from 06.12.2011 N 405-FZ)
2. The subject of hypothec is defined in the contract specifying its name, location and sufficient to identify the item description.
In the mortgage agreement should be listed right by virtue of which the property being mortgaged, is owned by the pledgor, and the name of the authority responsible for the State registration of rights to real estate and transactions therewith (hereinafter-the agency conducting State registration of rights), registered this right of the pledgor. (As amended by federal law from 30.12.2004 N 216-FZ) If subject of mortgage is owned by the pledgor tenancies rented property must be defined in the contract about mortgages in the same way, as if he himself was the subject of mortgage and lease term must be specified.
3. evaluation of the mortgaged property shall be determined in accordance with the legislation of the Russian Federation by agreement the pledgor to the pledgee with compliance with the mortgage of the land plot with the requirements of article 67 hereof and shall be specified in the agreement on mortgage in monetary terms.
When mortgage State and municipal property assessment is carried out in accordance with the requirements of federal law, or a specific procedure.
(Third Paragraph deleted-the Federal law from traffi cking N 143-FZ) if the collateral is not completed construction of immovable property situated in State or municipal ownership, evaluate the market value of the property. (The paragraph is supplemented by federal law from traffi cking N 143-FZ)
4. the obligation secured by mortgage, must be named in the contract of mortgage by the amount and basis of the due date. In cases where that obligation is based on a contract, shall be specified by the contract, the date and place of his detention. If the amount secured by a mortgage obligation is to be determined in the future, mortgage agreement should be specified order and other necessary conditions for its definition.
5. If the secured mortgage obligation enforceable in parts in the agreement on mortgage terms must be specified (periodicity) of payments and their dimensions or conditions to define these dimensions.
6. If the pledgee's rights in accordance with article 13 hereof shall ascertain the mortgage, this is indicated in the agreement on mortgage, except for issuing a mortgage if the mortgage. (As amended by the Federal law of 11.02.2002 N 18-FZ) Article 9-1. Particular conditions of the loan agreement, the loan agreement concluded with an individual for purposes not related to the implementation of them entrepreneurial activities and obligations of the borrower under which secured by mortgage

1. The loan agreement, the loan agreement concluded with an individual for purposes not related to the implementation of them entrepreneurial activities and obligations of the borrower under which secured by mortgage, must be defined the total cost of credit (loan), secured by a mortgage, in accordance with the requirements of the Federal law "on consumer credit (loan).
2. the loan agreement, the loan agreement concluded with an individual for purposes not related to the implementation of them entrepreneurial activities and obligations of the borrower under which secured by mortgage, the requirements of the Federal law "on consumer credit (loan)" part: 1) placing information on the full cost of credit (loan) on the first page of the loan agreement, the loan agreement;
2) prohibition on charging the lender pay for fulfilment of the responsibilities entrusted to it by the normative legal acts of the Russian Federation, as well as for services, providing that the creditor acts solely in their own interest and in the provision of which is not created a separate property for the benefit of the borrower;
3) posting information on conditions of provision, use and repayment of loan (borrowing) in places of the rendering of services (places to receive allegations of loan (borrowing), including in the field of information and telecommunications network, Internet);
4) granting to the borrower payment schedule under the loan agreement, the loan agreement.
(Article supplemented by federal law from 21.12.2013 N 363-FZ), Article 10. State registration of mortgage agreement 1. The mortgage agreement is in writing by compiling a single document signed by the parties, and is subject to state registration. (As amended by the Federal law dated 06 N 405-FZ), which lacks any information specified in article 9 of this federal law, or violated the rules of paragraph 4 of article 13 of this federal law, shall not be subject to state registration as a mortgage contract.
Non-compliance with the rules on State registration of mortgage agreement shall entail its invalidity. Such a contract shall be considered null and void.
2. the agreement on mortgage is concluded and enters into force from the moment of its State registration.
3. When you turn on the mortgage loan agreement or a treaty containing the obligation secured by the mortgage obligation, with respect to the form and State registration of this Treaty must be satisfied the requirements established for the Treaty on the mortgage.
4. If the mortgage agreement stated that the pledgee in accordance with article 13 hereof shall ascertain the mortgage, together with such a treaty in the agency conducting State registration of rights, it seems the mortgage. If a treaty entails a mortgage pursuant to law, in the case of drawing up a contract and tendered a mortgage mortgage. An agency conducting State registration of rights, makes the mortgage on the date and place of State registration of the Treaty enumerates the lamination sheets and seals in accordance with the second paragraph of paragraph 3 of article 14 hereof. (As amended by the Federal law of 22.12.2008 N 264-FZ) If in the contract on the basis of which has been compiled and issued by the mortgage deed, stated that from the date of issuance of the mortgage to the mortgagee the body implementing the State registration of the rights, the agreement on mortgage and contract, the obligation of which is secured by a mortgage, terminate all relations between the pledgor and the pledgee debtor are governed by this mortgage. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ)
5. State registration of mortgage agreement concluded in providing the loan or loan provided for repayment of the loan or loan previously offered for purchase or construction of residential houses or apartments, and issuance of mortgage, if extradition is provided by this agreement on hypothec may be performed simultaneously with mortgage repayment and cancellation of mortgage that has been given as security for the loan or loan previously offered, subject to the submission of such a mortgage in body conducting State registration of rights. (Para supplemented by federal law from 22.12.2008 N 264-FZ)
6. If the parties have certified notary contract of mortgage or contract entailing the emergence of a mortgage pursuant to law, for the purpose of entering information about them in the unified State Register of rights to real estate and transactions therewith the applicant appears to be in an agency conducting State registration of rights, notarized copy of such a treaty.

If the occurrence of the circumstances referred to in this paragraph the parties, one party to the contract of mortgage or contract involving a mortgage pursuant to law, notarially certified copy of such treaties are not represented in the agency conducting State registration of rights contained in such contracts a condition of possibility of the levying of execution on the pledged property extrajudicially is not applied.
(Para supplemented by federal law from 06.12.2011 N 405-FZ) (Article in the Editorial Office of the Federal law from 30.12.2004 N 216-FZ), Article 11. Mortgage origination as encumbrance 1. State registration of mortgage agreement is grounds for inclusion in the unified State Register of rights to real estate and transactions with it record on mortgage.
State registration of the contract, with the emergence of a mortgage pursuant to law, shall be a ground for inclusion in the unified State Register of rights to real estate and transactions with it record of the mortgage occurs by operation of law.
(Paragraph three ineffective federal law from Nov 02, 2004 N 127-FZ)
2. Mortgages as encumbrance of the property mortgaged under the mortgage, or if mortgage arising by operation of law arises from the moment of State registration of the mortgage. (As amended by the Federal law dated 06 N 405-FZ)
3. Under this federal law and the contract of mortgage rights of mortgagee (Lien) on the property shall be deemed to arise from the moment of registration of mortgage in the unified State Register of rights to real estate and transactions therewith, unless otherwise stipulated in the Federal law. If the obligation provided by mortgage, arose after the unified State Register of rights to real estate and transactions with it record on mortgage, the pledgee's rights arise from the moment of occurrence of the obligations.
Rights of mortgagee (Lien) on the pledged property not subject to state registration.
(Article in the Editorial Office of the Federal law dated 11.02.2002 N 18-FZ) Article 12. Warning the mortgagee of the rights of third persons for the purpose of signing the contract on mortgage mortgage the pledgor shall in writing notify mortgagee about all known to him at the time of State registration of the contract rights of third parties on the subject of the mortgage (the mortgage rights, life enjoyment, leases, easements and other rights). Failure to comply with this obligation gives the mortgagee the right to demand early performance of the obligation secured by mortgage obligations or changes to the terms and conditions of the agreement on mortgage.
CHAPTER III. MORTGAGE Article 13. Basic provisions on mortgage payments 1. Pledgee under the secured mortgage obligation and mortgage contract can be certified by a mortgage unless otherwise stipulated by this federal law.
A mortgage may be certified by the pledgee of the mortgage by law and secured this mortgage obligation, unless otherwise stipulated by this federal law. (The paragraph is supplemented by federal law from 11.02.2002 N 18-FZ) to mortgage, certifying the pledgee of the mortgage by law and secured this mortgage obligation, apply provisions for mortgage payments when mortgage in force of the Treaty, unless otherwise provided for in this federal law. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ)
2. The mortgage is registered security certifying its rightful owner the next rights: the right to receive performance of monetary obligations, secured by a mortgage, without the submission of other evidence of the existence of these obligations; (As amended by the Federal law of 22.12.2008 N 264-FZ) lien on the property encumbered by a mortgage.
(Paragraph as amended by federal law from 11.02.2002 N 18-FZ)
3. mortgage persons are obliged to the debtor of the secured mortgage obligation and the pledgor.
4. Preparation and issuance of a mortgage shall not be permitted if: 1) mortgaged are: Enterprise as a property complex;
(Third Indent of subparagraph 1, federal law expired from 05.02.2004 N 1-FZ)
(Fourth paragraph of subparagraph 1, federal law expired from 04.12.2006 N 201-FZ) the right rental property listed in this subparagraph;
2) a monetary obligation is secured by a mortgage, the amount of debt for which at the time the contract was not defined and that does not contain conditions to determine this amount at the appropriate moment.
In the cases provided for in this paragraph, the terms of a mortgage in mortgage agreement null and void.
5. The mortgage shall be drawn up by the pledgor, and if it is a third-person, and also by the debtor of the secured mortgage obligation.

The mortgage is issued the original mortgagee body responsible for the State registration of the rights, after the State registration of the mortgage. Mortgage may be made and issued mortgagee at any time prior to the termination of the obligation secured by the mortgage obligation. If the mortgage is prepared after the State registration of the mortgage in the agency conducting State registration of rights, joint statement appeared to be the mortgagee and mortgagor, as well as mortgage, which is issued by the pledgee in one day since the applicant's request in the agency conducting State registration of rights. (As amended by the federal laws from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ) transfer of rights under a mortgage and collateral mortgage shall be made in accordance with the procedure established in articles 48 and 49 of this federal law.
6. a debtor under an obligation secured by a mortgage obligation, the pledgor and the rightful owner of the mortgage under the agreement may modify the previously set conditions of the mortgage. (As amended by federal law from 30.12.2004 N 216-FZ)
7. At the conclusion of the agreement referred to in paragraph 6 of this article and paragraph 3 of article 36 of this federal law and transfer of debt secured by a mortgage obligation in this agreement or changes in the content mortgage by attaching to it the original of such an agreement and guidance officer the authority responsible for the State registration of the rights in the text of the mortgage on the agreement as being an integral part of mortgage in accordance with the rules of the second part of article 15 hereof or mortgage cancellation and at the same time, the issuance of new mortgage prepared mutatis mutandis.
State registration of agreements to modify the contents of a mortgage indicating in the text of the mortgage on the agreement as being an integral part of the mortgage should be implemented as the registration of transactions in a single day since the applicant's request in the agency conducting State registration of rights, with the presentation of original mortgage and mortgage content change agreement.
Entry in the registered mortgage agreement on changing the contents of the mortgage together with the date and the number of his State registration must be carried out by the State Registrar certified by his signature and stamped with the seal of the authority responsible for the State registration of the rights. These steps are carried out free of charge.
In case of cancellation of mortgage and at the same time issue a new mortgage, together with the statement on changes in the recording of the unified State Register of rights to real estate and transactions therewith the pledgor and the pledgee are transferred to the agency conducting State registration of rights to be void mortgage and a new mortgage, which is awarded to the mortgagee in lieu of mortgage payments.
The forgiven mortgage shall be deposited in the archives of the authority responsible for the State registration of the rights until such repayment record on mortgage.
If implemented depository account (storage cage, accounting and transfer of rights on mortgages) cancelled mortgage new mortgage should contain a mark of its depository account specifying the name and location of the depository, taking into account the right to annulirovannuju mortgage.
(Paragraph as amended by the Federal law of 22.12.2008 N 264-FZ)
8. Mortgage can be transferred to the depositary for its depositary accounting. Custody record of mortgage bonds is carried out in depositories-professional participants of the securities market, having issued in the manner prescribed by the Federal law of April 22, 1996 N 39-FZ "on securities market", the corresponding license. (Para supplemented by federal law from 22.12.2008 N 264-FZ) If custody record of mortgage, it should be marked on the depository account, containing the name and location of the depository, which will be accounted for. The depositary account may, in appropriate cases, be made by the originator the mortgage when it is drafting or the owner of the mortgage after its issuing authority carrying out the State registration of the rights. Once done the depositary registered a mortgage at any time on the basis of agreement with depository mortgage holder may refer to the depositary of the mortgage for its depositary accounting. When replacing the depository mortgage owner makes it mark a new depositary indicating its name and location. (Para supplemented by federal law from 22.12.2008 N 264-FZ)

9. mark on depositary registered mortgage should be pointed out that such an accounting is temporary or mandatory. In the case of the temporary depository accounting mortgage holder may at any time require the termination of depository storage and accounting of the mortgage. In case, if you are a mandatory custody record of mortgage, it may be issued by the depositary of an owner mortgage only to transfer it to another depository, granting the courts, law enforcement agencies, bailiffs executing with the proceeding associated with objects of immovable property and (or) their rights holders, as well as for passing it to the agency conducting State registration of rights. (Para supplemented by federal law from 22.12.2008 N 264-FZ) 10. In case if there is a depositary account mortgage, its owner's rights are supported by the record on the custody account at depository accounting system (hereinafter referred to as the record on the custody account). (Para supplemented by federal law from 22.12.2008 N 264-FZ) 11. In case if there is a depositary, the depository mortgage account in accordance with the relevant instructions of the mortgage holder is obliged to bring in a system of depositary accounting entry on the custody account on the mortgage transfer in trust, or to commit to a mortgage transaction, as well as on the application of the owner of the mortgage special entry, giving the mortgagee the mortgage the right to sell the mortgage after a certain period in order to retain from the proceeds of money amounts secured her pledge. In the event of termination of mortgage securities depository depository accounting makes it mark on encumbrances and transactions which according to made in the system of depositary accounting records through the accounts of Depot operate in respect of that mortgage on time cessation of its depository accounting this depository. (Para supplemented by federal law from 22.12.2008 N 264-FZ) 12. In case if there is a depositary account mortgage, transfer of rights on the mortgage, as well as other transactions with mortgage payments can only be done by making the appropriate entries in the custody account. (Para supplemented by federal law from 22.12.2008 N 264-FZ) 13. The depository may involve assumed his duties on storage and (or) mainstream mortgages the other depository, if so provided by the depository agreement. In this case, the additional marks on mortgage payments are not made. The custodian is responsible for the actions of a certain other depository to them as if they were his own. (Para supplemented by federal law from 22.12.2008 N 264-FZ) Article 14. Mortgage content 1. Mortgage at the time of issue of the original mortgagee body responsible for the State registration of rights must contain: (as amended by the federal laws of 11.02.2002 N 18-FZ; from 30.12.2004 N 216-FZ) 1), the word "cage", included in the title of the document;
2) the name of the pledgor and the information about the ID document or its name and specify a location if the debtor-legal entity; (As amended by the federal laws from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ) 3) the name of the original mortgagee and document information, identification, or its name and specify a location if the mortgagee is a legal person; (As amended by the federal laws from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ) 4) name credit agreement or other monetary obligation, the performance of which is secured by a mortgage, together with the date and place of conclusion of such a treaty, or the basis for the obligation provided with hypothec;
5) the name of the debtor of the secured mortgage obligation, if the debtor is not a pledgor, and information about the document, certifying the identity of the debtor or its name and specify the location of the debtor-legal entity; (As amended by the federal laws from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ) 6) specifying the amount of the obligation secured by the mortgage, and rates of interest, if they are to be paid by the undertaking or conditions to enable, at the appropriate time to determine this amount and interest;
7) term of payment the amount of the obligation secured by the mortgage, and if this amount is payable in installments-timing (frequency) of the relevant payments and the size of each of them, to define these terms and size of payments (debt repayment plan);
8) title and sufficient to identify the description of the property on which the mortgage is established, and an indication of the location of such property;
9) confirmed the conclusion of the monetary appraiser appraisal of the property on which the mortgage is established; (As amended by the Federal law of 22.12.2008 N 264-FZ) 10) the name of the law, in virtue of which the property being mortgaged, is owned by the pledgor, and the body that registered this right, with indication of the number, date and place of State registration, and if the mortgaged property is owned by the pledgor leasehold-the exact name of the property which is the subject of the lease, in accordance with paragraph 8 of this paragraph and the validity of this law;

11) specifies that the property being mortgaged, burdened with the right life enjoyment, leases, easements, or other law is not burdened with any subject to state registration of the rights of third parties at the time of State registration of mortgages;
12) the signature of the depositor and, if it is not the debtor, the debtor's signature is also under an obligation secured by a mortgage obligation; (As amended by the Federal law of 22.12.2008 N 264-FZ) 13) information on the State registration of the mortgage referred to in paragraph 2 of article 22 of this federal law; (As amended by federal law from 30.12.2004 N 216-FZ) 14) specifying the date of issue and the date of issuance of the mortgagee a mortgage mortgage payments to its owner, if implemented mortgage cancellation and a new mortgage with indication of the date of cancellation of the previous mortgage. In the case of a mortgage if the mortgage by law the inclusion in mortgage data referred to in subparagraph 10 of this paragraph, is provided by the body responsible for the State registration of the rights. The procedure for inclusion of these data into mortgage is determined by article 22 hereof. (As amended by the federal laws of 11.02.2002 N 18-FZ; from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ), paper dubbed "mortgage", which however does not have any data specified in subparagraphs 1-14 this item is not a mortgage and not subject to extradition to the original mortgagee.
2. in establishing the mortgage may also include data and conditions not provided for in paragraph 1 of this article.
The specific terms of the mortgage may be determined by approximate terms developed for cage, placed on the site on the Internet and published in the periodic printed publication distributed with a circulation of not less than ten thousand copies. In this case, when drafting the mortgage into it instead of those conditions included a reference to the source in which such conditions have been published.
(Paragraph as amended by the Federal law of 22.12.2008 N 264-FZ) 2-1. In the case where the parties have agreed in the contract on mortgage or in the contract, leading to the emergence of a mortgage pursuant to law, a condition of possibility of the levying of execution on the pledged property extrajudicially, this condition should be included in the mortgage.
In the case where the parties have agreed in the contract on mortgage or in the contract, leading to the emergence of a mortgage pursuant to law, techniques and modalities for implementation of mortgaged property when the foreclosure of the mortgage by a court decision, the relevant provisions should be included in the mortgage.

2-1. If the parties have agreed in the contract on mortgage or in the contract, leading to the emergence of a mortgage pursuant to law, a condition of possibility of the levying of execution on the pledged property extrajudicially, this condition should be included in the mortgage.
In the case where the parties have agreed in the contract on mortgage or in the contract, leading to the emergence of a mortgage pursuant to law, techniques and modalities for implementation of mortgaged property when the foreclosure of the mortgage by a court decision, the relevant provisions should be included in the mortgage.
(Para supplemented by federal law from 06.12.2011 N 405-FZ)
3. In case of insufficiency of the mortgage itself, including for marks of new owners and (or) partial fulfillment of obligation provided with hypothec or records as in drawing up the mortgage payments, and after its issuance other necessary information thereto attached additional page.
All the sheets of mortgage form a coherent whole. They should be numbered, attached one to another, are certified by the signature of the officer and sealed the authority responsible for the State registration of the rights. Separate sheets may not be the subject of mortgage deals.
(Paragraph as amended by the Federal law of 22.12.2008 N 264-FZ)
4. When there is a mismatch between the mortgage mortgage agreement or contract, the obligation of which is secured by a mortgage, mortgage content will be deemed to be correct, unless its at the time of the transaction the acquirer knew or should have known of such lack of conformity. (As amended by the Federal law of 22.12.2008 N 264-FZ) rightful owner mortgage has the right to demand removal of specified inconsistencies by cancellation of mortgage that is in its possession and simultaneous with this issue a new mortgage if the claim were made immediately after the rightful owner mortgage became aware of such noncompliance.
Mortgage originator is responsible for damages arising in connection with the disparity and its removal.
Article 15. Application to mortgage the mortgage can be accompanied by the documents defining the terms of the mortgage or necessary for the implementation of the pledgee of its rights under the mortgage.
If the documents attached to the mortgage, not named in it with a degree of precision that is sufficient to identify them, and a mortgage does not say that such documents shall form an integral part thereof, such documents are not necessary for persons to whom the right mortgage moved as a result of its sale, pledge, or otherwise.
Article 16. Registration of mortgage holders

1. Any legal owner of a mortgage has the right to demand from the authority responsible for the State registration of rights, register it in the unified State Register of rights to real estate and transactions with it as mortgagee showing his name and identity document and, if the owner of a mortgage is a legal person, its name and location. (As amended by the federal laws from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ)
2. The debtor of an obligation secured by a mortgage, receives from the lawful owner written notice of mortgage registration last in the unified State Register of rights to real estate and transactions with it properly with a certified extract from the register, as well as the written notification of the acquisition of such a mortgage holder, passed in depository depository accounting, with appropriately certified statement of account Depot, is obliged to carry out intermediate payments for specified commitment instead of requiring every time he mortgage. This obligation the debtor shall cease upon written notice from this or other rightful owner mortgage mortgage assignment. (As amended by the federal laws from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ)
3. Record the legitimate owner of the mortgage must be carried out in a single day since the applicant's request in the agency conducting State registration of rights, upon presentation of a mortgage based on: (as amended by federal law from 30.12.2004 N 216-FZ) made in accordance with this federal law mortgage rights transfer and produced by the mortgage, if the perpetrator of such inscription person was the legal owner of the mortgage or mortgage the mortgagee in whose name was made special mortgage transfer label and who sold mortgage after a certain period of time in it (article 49, paragraph 4); (As amended by the Federal law of 11.02.2002 N 18-FZ) documents confirming the transfer of rights on mortgage to other persons as a result of the reorganization of the legal person or by inheritance;
the Court's decision on the recognition of rights to mortgage for applicant. (As amended by the Federal law of 22.12.2008 N 264-FZ) If custody record of mortgage, mortgage owner's registration record is carried out on the basis of the statement of account. This statement shall be certified by the signature of the authorized person performing the functions of the depositary of a sole executive body or other person entitled to act on behalf of the depository by proxy, and the seal of the depositary, as specified in the mortgage (if any) without an appropriate mortgage. This statement should contain the information needed to write about the owner of the mortgage in the unified State Register of rights to real estate and transactions with it. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ) (As amended by the Federal law of 06.04.2015 N 82-FZ) Article 17. The exercise of rights and performance of mortgage secured by mortgage obligations 1. In the exercise of their rights, the owner of the mortgage is required mortgage obliged person (debtor or the pledgor) in respect of which the corresponding right, at his request. The owner of a mortgage does not make your mortgage if: mortgage while mortgaging it transferred to the deposit with a notary;
mortgage founded with its transfer of mortgage to the mortgagee;
on a mortgage before or after its issuance made its mark depository account, the person was notified and notice of termination of such integration.
In case if there is a depositary account mortgage, the debtor is entitled to request from the owner of the mortgage in confirmation of its rights of custody account statement signed by the authorised person performing the functions of the depositary of a sole executive body or other person entitled to act on behalf of the depository by proxy, and the seal of the depositary, as specified in the mortgage (if available). (As amended by the Federal law of 06.04.2015 N 82-FZ) (Paragraph as amended by the Federal law of 22.12.2008 N 264-FZ)
2. The pledgee under the secured mortgage performance obligations in full shall immediately pass the mortgage to the pledgor with the note on the performance of the obligation in full, and in cases where the obligation is performed in parts, to certify its partial response in a way adequate to the pledgor and obvious for any future mortgage holders, including the application of the relevant financial documents or committing to a mortgage entries of partial fulfillment of obligation. (As amended by the federal laws of 11.02.2002 N 18-FZ; from 22.12.2008 N 264-FZ)
3. Finding a mortgage at the the mortgagee or the lack of it a mark or certificate otherwise partial performance of an obligation provided with hypothec indicates, unless the contrary is proved, that the obligation or its part is not fulfilled, except in the case specified in paragraph 2 of article 48 of the present Federal law. (As amended by the Federal law of 11.02.2002 N 18-FZ)

The mortgage may be pointed out that partial performance of an obligation is not mortgage is satisfied. The obligation to prove the debtor of the obligation in this case lies with the creditor in accordance with civil law. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ)
4. the debtor of the secured obligation his duty to repay the mortgage in whole or in part in the proper execution of their duties in accordance with mortgage debt repayment plan its lawful owner or the person authorized in writing, the legal owner of the mortgage on the exercise of the rights to it.
5. in the case of transfer of a mortgage in the deposit with a notary when mortgage mortgage mortgage obligation secured debtor fulfills his obligation of making debt on deposit with a notary.
6. mortgage Obligation shall have the right to deny the bearer mortgage in exercising rights under a mortgage in cases if: the Court considered a lawsuit to invalidate transfer of rights on the mortgage or on the application of the consequences of the invalidity of the transaction; (As amended by the Federal law of 22.12.2008 N 264-FZ) brought the mortgage was invalid due to her loss of the legal owner and the issuance of a duplicate of a mortgage (art. 18), or in connection with the violation of the procedure of issuing mortgage or its duplicate, for which the responsible person thereon do not meet;
debtor on grounds specified in paragraph 2 of article 48 of this federal law, recognized partially discharged the obligation. (New paragraph four supplemented by federal law from 11.02.2002 N 18-FZ) mortgage Obligation person shall lead against the requirements of the legal owner of the mortgage on the implementation of the rights under it, not based on mortgage payments.
7. Finding a mortgage at any of the persons obliged on her or authority exercising State registration of rights, unless otherwise proven or not established by this federal law, which secured a mortgage obligation fulfilled. Person in possession which proves to be a mortgage, is obliged to notify the other of the above. (As amended by federal law from 30.12.2004 N 216-FZ) where in accordance with this federal law the mortgage is canceled, the authority responsible for the State registration of the rights immediately upon receipt of a mortgage will void it by putting on the face of the stamp "repaid" or otherwise, its treatment, except for the physical destruction of the mortgage. (As amended by federal law from 30.12.2004 N 216-FZ), Article 18. To restore rights to revive the mortgage (as amended by the Federal law of 22.12.2008 N 264-FZ dated December 30, 2008) 1. To restore rights to revive the mortgage is made by the pledgor, and if it is a third-person, and also the debtor of the secured mortgage obligation based on: (as amended by the Federal law of 22.12.2008 N 264-FZ) statements in their address of the person specified in the unified State Register of rights to real estate and transactions with it as mortgagee, if according to made in the register in accordance with article 16 hereof may verify the legality restored rights to lost mortgage, or if custody record of mortgage, a person who according to records in the accounts Depo is the owner of the mortgage; (As amended by the federal laws of 11.02.2002 N 18-FZ; from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ) of the Court's decision, rendered on the occasion of the consideration in the case of establishing the facts having legal value, in accordance with the procedural legislation of the Russian Federation;
statements addressed to a person who has lost the mortgage and not defined in the unified State Register of rights to real estate and transactions with it as mortgagee, if possible, to verify the legality of that person's rights. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ) 1-1. To restore rights to the lost mortgage, depository account which is based on the issued the relevant Depositary certificate about the last owner of the mortgage, together with an indication of the fact that the loss of this mortgage. (Para supplemented by federal law from 22.12.2008 N 264-FZ)
2. The pledgor, and if it is a third-person, and also the debtor of the secured mortgage obligation in the shortest possible time required to make a duplicate of a mortgage with a note on it "duplicate" and transmit it to the authority responsible for the State registration of rights. (As amended by federal law from 30.12.2004 N 216-FZ)
3. Duplicate the mortgage is issued by the body responsible for the State registration of the rights by the delivery person who mortgage. (As amended by federal law from 30.12.2004 N 216-FZ) If custody record of mortgage, a person lost mortgage, is the person that is the owner of the mortgage, according to records in the accounts Depo. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ)
4. A duplicate of a mortgage must match the lost mortgage payments.

The originator of a duplicate of a mortgage shall be liable for any losses incurred in connection with discrepancy of the duplicate of the lost mortgage mortgage. Required mortgage person not be entitled to refuse the lawful owner of a duplicate of a mortgage in the enjoyment of rights on it in connection with the discrepancy, if they are responsible for it.
CHAPTER IV. STATE REGISTRATION of MORTGAGES Article 19. Basic provisions on State mortgage registration 1. The mortgage is subject to state registration in the unified State Register of rights to real estate and transactions with it in the manner prescribed by the Federal law on the State registration of rights to real estate and transactions with it. (As amended by the federal laws on 29.06.2004 N 58-FZ; from 30.12.2004 N 216-FZ) 2. State registration of mortgages is performed at the location of the property which is the subject of mortgage.
Article 20. The order of State registration of mortgages 1. State registration of mortgages, the resultant force of mortgage agreement, implemented on the basis of a joint application of the pledgor and the pledgee.
State registration of mortgages, the resultant force of mortgage agreement notarized, may also be based on statements by a notary, certified agreement on mortgage.
(Paragraph as amended by federal law from 06.12.2011 N 405-FZ)
2. Mortgages, by operation of law, is subject to state registration. State registration of the hypothec at law is carried out on the basis of statements by the mortgagee or mortgagor or notary certified contract entailing the emergence of mortgage by operation of law, without payment of the State fee. (As amended by the federal laws on 29.06.2004 N 58-FZ; from Nov 02, 2004 N 127-FZ; from 06.12.2011 N 405-FZ) under the State mortgage registration in force of law making in the unified State Register of rights to real estate and transactions with it zalogoderzhatele information is carried out on the basis of the Treaty, from which arose the finances of the mortgage obligation. When this discovery the applicant otherwise concerning the pledgee documents and information is not allowed. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ) State registration of the hypothec at law is carried out simultaneously with State registration of ownership of a person whose rights are burdened by mortgage, unless otherwise stipulated in the Federal law. The pledgee of the mortgage under the law can be certified by a mortgage. (As amended by federal law from 30.12.2004 N 214-FZ)
(Paragraph as amended by federal law from 11.02.2002 N 18-FZ) 2-1. State registration of the hypothec at law in respect of premises that are purchased using savings for housing military personnel in accordance with the Federal law of August 20, 2004 N 117-FZ "on accumulating mortgage housing military personnel system" (hereinafter referred to as the Federal law "about accumulating a mortgage system for housing troops"), performed with as a mortgagee of a federal body of executive power supporting the operation of accumulating mortgage system for housing troops. (Para supplemented by federal law from 04.12.2007. N 324-FZ)
3. If the pledgee's certified mortgage, the agency conducting State registration of rights, together with the documents referred to in paragraph 1 of this article, the claimant also appear: (as amended by federal law from 01.07.2011 N 169-FZ) mortgage, which shall satisfy the requirements of paragraph 1 of article 14 hereof, with the exception of the requirements for the issuance of mortgage, information about State registration of mortgage and information under subparagraph 1 of article 14, paragraph 10 hereof in the case of a mortgage if the mortgage law in force and its copy; (As amended by the Federal law of 22.12.2008 N 264-FZ) documents referred to in the mortgage as applications and copies thereof.
4. State registration of an assignment of rights under a contract of mortgage is carried out according to the joint statement of the former and the new s. For State registration of assignment of rights shall be submitted: (as amended by the Federal law dated 06 N 405-FZ), the contract of assignment of rights;
document on State duty payment;
(Paragraph repealed federal law from 01.07.2011 N 169-FZ)
(New paragraph 4 is supplemented by federal law from 11.02.2002 N 18-FZ; as amended by the Federal law of 22.12.2008 N 264-FZ) 4-1. Application for State registration of real estate collateral providing requirements constituting mortgage coverage, the share in the right of common ownership on which mortgage participation certificate is to certify, managing mortgage-seems to be.

State registration of real estate collateral providing requirements constituting such a mortgage covering, in addition to other necessary in accordance with the Federal law of November 11, 2003 N 152-FZ "on mortgage backed securities" and the Federal law of July 21, 1997 N 122-ФЗ "about the State registration of rights to real estate and transactions with it" documents are presented: (Paragraph repealed federal law from 01.07.2011 N 169-FZ) mortgage-asset management rules.

An agency conducting State registration of rights, shall be obliged to request the bodies authorized to conduct relevant licensing activities, information on the issuance of a license to the applicant, the Office mortgage-provided for under article 17 of the Federal law dated November 11, 2003 N 152-FZ "on mortgage backed securities", if the licence or its notarized copy had not been submitted by the claimant. (The paragraph is supplemented by federal law from 01.07.2011 N 169-FZ) (Para supplemented by federal law from 30.12.2004 N 216-FZ) 4-2. Entering into the unified State Register of rights to real estate and transactions with it information about the new zalogoderzhatele as a result of the transfer of a mortgage shall be subject to the requirements of article 16 of the Federal law on the application of the new owner of the mortgage. For making such information must be submitted with the mortgage on her mark on transfer of the rights to mortgage the mortgage to the new owner and the document on payment of the State fee. (Para supplemented by federal law from 22.12.2008 N 264-FZ)
5. Mortgage must be registered within one month from the date of receipt of the necessary documents for registration in the agency conducting State registration of rights, mortgage of land, buildings, structures, non-residential premises-within fifteen working days, residential mortgage within five working days. (As amended by the federal laws from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ; from 06.12.2011 N 405-FZ) State registration of mortgage of the land plot is carried out within the time limits prescribed for State registration of the mortgage on the land, the buildings, structures or buildings. (The paragraph is supplemented by federal law from 06.12.2011 N 405-FZ) if mortgages originated by virtue of mortgage agreement notarized or notarized contract involving a mortgage pursuant to law, the State registration of mortgage of land, buildings, structures, non-residential premises is carried out not later than within five working days. (The paragraph is supplemented by federal law from 06.12.2011 N 405-FZ)

6. the State registration of the hypothec is done by making the record about mortgages in the unified State Register of rights to real estate and transactions with it. (As amended by federal law from 30.12.2004 N 216-FZ), the date of State registration of mortgages is the date of registration of the mortgage in the unified State Register of rights to real estate and transactions with it. Records in the unified State Register of rights to real estate and transactions therewith are performed in sequence, defined on the basis of the dates of receipt of all appropriate documents to the agency conducting State registration of rights. (As amended by the federal laws from 30.12.2004 N 216-FZ; from 22.12.2008 N 264-FZ) 7. For third party mortgages considered arose from the moment of its State registration. (Paras. 4-6 take it 5-7 points, respectively, as amended by the Federal law of 11.02.2002 N 18-FZ), Article 21. A refusal of State registration of the mortgage and the suspension of State registration of the mortgage (as amended by the Federal law dated 06 N 405-FZ dated December 30, 2008) 1. State registration of mortgages may be refused in cases envisaged by federal law on State registration of rights to real estate and transactions therewith, unless otherwise stipulated by this federal law. (As amended by the Federal law of 22.12.2008 N 264-FZ) Suspension and/or termination State mortgage registration upon the application of one of the parties to a transaction are not allowed. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ) (As amended by the Federal law dated 06 N 405-FZ)
2. State registration of mortgages may be suspended for not more than one month: (as amended by the Federal law dated 06 N 405-FZ) failure in the agency conducting State registration of rights, any of the documents referred to in paragraphs 2 and 3 of article 20 of this federal law; (As amended by federal law from 30.12.2004 N 216-FZ) of the Treaty on the non-conformity of the mortgage, the mortgage and documents annexed the requirements stipulated by the legislation of the Russian Federation;
necessity of authentication of the documents submitted.

3. In deciding to suspend state mortgage registration, an agency conducting State registration of rights, requests the necessary documents or requires addressing the identified non-conformities. (As amended by the federal laws from 30.12.2004 N 216-FZ; from 06.12.2011 N 405-FZ) where the requirements of that body in a period of time in the State mortgage registration shall be refused.
4. If there is a dispute over rights to the property that is mortgaged or treatment on him the State registration of the mortgages shall be suspended until the dispute is resolved by the Court. (As amended by the Federal law dated 06 N 405-FZ)
5. A reasoned refusal of State registration of the hypothec mortgager must be sent within the time limit set for its State registration.
Article 22. Registration record on mortgage and State mortgage registration 1. Mortgage registration record in the unified State Register of rights to real estate and transactions with it should contain information about the original zalogoderzhatele, the subject of the mortgage and the amount of the obligation secured by it. If the agreement on mortgage provides that the rights of the mortgagee are satisfied a mortgage, this is also indicated in the record of the mortgage. (As amended by federal law from 30.12.2004 N 216-FZ) These data are entered in the registration record of a mortgage on the basis of agreement on mortgage or contract involving the emergence of mortgage. (As amended by the Federal law of 22.12.2008 N 264-FZ) 1-1. At the State registration of real estate collateral providing requirements constituting mortgage coverage, the share in the right of common property on which the mortgage is satisfied with a certificate of participation in the unified State Register of rights to real estate and transactions with it indicates that the specified zalogoderzhateljami of real estate are owners of mortgage certificates of participation, which are established on the basis of accounts data in the register of owners of mortgage certificates of participation and Depo accounts of owners of mortgage participation certificates as well as the individual designation that identifies mortgage participation certificates, for which the owners of such mortgage-backed trust management.
In the case of incorporation of mortgage coverage, share in the right of common ownership of which shall be certified by a mortgage certificate of participation requirements, certified mortgage State registration of real estate collateral, ensuring this requirement is on-demand Mortgage-Manager.
(Para supplemented by federal law from 30.12.2004 N 216-FZ)
2. the State registration of the mortgage is satisfied by the inscriptions on the mortgage agreement and, in the case of State registration of the hypothec at law-on the document which is the basis of a right of Pledger property obremenjaemoe mortgage. The inscription should contain the full name of the authority responsible for the State registration of the rights, the date and place of State registration of the mortgage and the number under which it is registered. These data shall be certified by the signature of the officer and fastened by the seal of the authority responsible for the State registration of rights. (As amended by the federal laws of 11.02.2002 N 18-FZ; from 30.12.2004 N 216-FZ) in case of purchase of immovable property using credit means of the Bank or other crediting organization or trust loan provided by another entity, in the Treaty, which is the basis of a right of Pledger property, obremenjaemoe mortgage, it is sufficient to indicate the name of the Treaty, or of the basis from which emerged the secured mortgage liability date and place of conclusion of such a treaty, or the date of the founding of the monetary obligation provided with hypothec. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ)
3. If the pledgee's certified mortgage agency conducting State registration of rights is obliged to ensure that at the time of issue of the mortgage the information under paragraph 2 of this article, as well as paragraphs 10 and 13 of paragraph 1 of article 14 hereof. (As amended by the federal laws of 11.02.2002 N 18-FZ; from 30.12.2004 N 216-FZ)
4. An agency conducting State registration of rights, leaves in its archives a copy of mortgage agreement, and at the State registration of the hypothec at law-a copy of the document that is the basis of a right of Pledger property obremenjaemoe mortgage. If the pledgee's certified mortgage agency conducting State registration of rights, leaves in its archives and also a copy of mortgage applications. (As amended by the federal laws of 11.02.2002 N 18-FZ; from 30.12.2004 N 216-FZ), Article 23. Fix, modify, or supplement the record on mortgage

1. correction of technical mistakes in the record about mortgages is allowed on the basis of the application of the pledgor or pledgee with notice to the other party of the correction made and provided that the hotfix may not cause harm to third parties or violate their legitimate interests.
2. amendments and additions to the registration entry about mortgages are made on the basis of an agreement between the pledgor and the pledgee for changes or conditions add-on of mortgage agreement. (As amended by federal law from 30.12.2004 N 216-FZ) changes and additions to the record on mortgage is not allowed if the pledgee's certified mortgage, except in the case provided for in paragraph 6 and article 13 hereof. (As amended by federal law from 30.12.2004 N 216-FZ) in cases when after the State registration of the hypothec at law mortgagor and mortgagee the mortgage agreement, in perfect registration entry on mortgages previously made the appropriate changes. (The paragraph is supplemented by federal law from 11.02.2002 N 18-FZ)
3. amendments and additions to the registration entry on mortgage in connection with approval of a settlement agreement by the Court under an obligation secured by the mortgage, made on the basis of a judicial act, which approved the settlement agreement and pledgor or pledgee. (Supplemented by federal law N 306-FZ) Article 24. State duty for registration of mortgage agreement and the mortgage restrictions (encumbrance) rights to real property, including making the appropriate entries in the unified State Register of rights to real estate and transactions therewith and the issuance of documents on State registration, stamp duty is paid once for all these steps and the order established by the legislation of the Russian Federation on taxes and fees. (Article in the Editorial Office of the Federal law dated Nov 02, 2004 N 127-FZ), Article 25. Repayment of mortgage registration record 1. Unless otherwise provided by federal law or by the present articles, record on mortgage is repaid within three working days from receipt of the authority responsible for the State registration of the rights by the owner of mortgage, a joint statement by the pledgor and the pledgee, the pledgor's statements with the simultaneous submission of the mortgage contains the owner flag performance mortgage secured by mortgage obligations in full, or a court decision, the Court of arbitration on the termination of a mortgage. (As amended by the federal laws on 17.06.2010 N 119-FZ; from 06.12.2011 N 405-FZ) if premises acquired or constructed wholly or partly with the use of savings for housing troops, provided the Treaty target housing loan in accordance with the Federal law "about accumulating a mortgage system for housing troops," the mortgage registration record created by this federal law, repaid within three working days from receipt of the authority conducting State registration of rights, statements by the federal body of executive power supporting the operation of accumulating mortgage system for housing military personnel in accordance with the Federal law "about accumulating a mortgage system for housing military personnel." (The paragraph is supplemented by federal law from 05.10.2015 N 286-FZ) to settle the record on mortgage provision other documents is not required.


1-1. Record on mortgage arising by virtue of federal law on participation in share participation construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation ", repaid the body implementing the State registration of the rights for a period of five working days on the basis of the application builder and they permit to commissioning in accordance with the law on urban planning in the part of the mortgage under construction (created) a block of flats and (or) other real estate or property under construction, part of the mortgage of the land plot, located from the developer in property, or pledge of the lease rights or the right to sublease the land plot, and part of the mortgage object shared construction on the basis of a document certifying the transfer of the object of shared construction party share construction, including the corresponding deed or other document on the transfer of share construction object or prepared in accordance with paragraph 6 of article 8 of the specified federal law of a unilateral act on the transfer of share construction object. When this record on mortgage or pledge plot lease right or the right to sublease the land plot is repaid only after the repayment of mortgage records all objects share construction forming part of a block of flats and (or) other real estate property. (Para supplemented by federal law from 17.06.2010 N 119-FZ)
2. Mark on the performance of mortgage secured by mortgage obligations in full should include words about such performance of the obligation and the date of its execution and shall be certified by the signature of the owner of the mortgage and certified seal (if any), if the owner of a mortgage is a legal person. (As amended by the Federal law of 06.04.2015 N 82-FZ)
3. If repayment record on mortgage in connection with the termination of mortgage mortgage is cancelled in the manner prescribed by this federal law. The forgiven mortgage passed previously obligated on it to the person at his request.

Registration record on mortgage assets seized for State or municipal needs, repaid in the manner prescribed by this federal law, unless otherwise stipulated in the Federal law of December 1, 2007 year N 310-FZ "on the Organization and conduct of the XXII Olympic Winter Games and XI Paralympic Winter Games of 2014 in Sochi, development of Sochi as Alpine climatic resort and amendments to certain legislative acts of the Russian Federation". (The paragraph is supplemented by federal law from 07.05.2013 N 101-FZ)
4. In the case of foreclosure on mortgage by a court decision or without recourse (extrajudicially) in the manner prescribed by this federal law, the registration record on mortgage is repaid at the time of registration of the property right of the mortgagee or purchaser, leaving the mortgage, in the manner prescribed by the Federal law on the State registration of rights to real estate and transactions with it. (Para supplemented by federal law from 06.12.2011 N 405-FZ) (Article in edition of 2008, Federal Law No. 264-FZ) Article 25-1. Record on mortgage repayments in the event of liquidation of the mortgagee, is a legal entity in case of liquidation of the mortgagee, is a legal entity, the registration record on mortgage is repaid on the basis of statements by the mortgagor and extract from the unified State Register of legal entities, supporting the amendment in the register entry on the Elimination of the legal entity.
(Article supplemented by federal law N 306-FZ) Article 26. The public nature of the State registration of the mortgage the State registration of the mortgages is public. Any person is entitled to obtain the Authority's exercise of rights registration, information about whether the mortgage registration record of the relevant assets, and a certified extract from the record of the mortgage. (As amended by federal law from 30.12.2004 N 216-FZ) a copy of the mortgage, which is in the archives of the authority responsible for the State registration of rights does not apply to documents in the public domain. (As amended by federal law from 30.12.2004 N 216-FZ), Article 27. Appeal against actions connected with State registration of mortgage

A refusal of State registration of the mortgage or evasion of the appropriate body from its registration or from issuing mortgage the original mortgagee, refusal of registration in the registration entry on mortgage fixes, repayment record on mortgage with violation of established rules, registration of a non-existent mortgage, the denial of the rights under article 26 of this federal law, as well as through other procedures the authority responsible for the State registration of the rights that do not meet federal law may be appealed by the interested person to the Court, the Court of arbitration in accordance with the procedural legislation of the Russian Federation. (As amended by federal law from 30.12.2004 N 216-FZ) Article 28. The responsibility and liability of the authority registering the mortgage agency conducting State registration of rights, which has registered or had to register a mortgage must, in accordance with the Civil Code of the Russian Federation and article 31 of the Federal law dated July 21, 1997 N 122-ФЗ "about the State registration of rights to real estate and transactions therewith to compensate individual losses caused by their illegal actions (inactivity), including: (as amended by federal law from 30.12.2004 N 216-FZ) unwarranted refusal in State registration of mortgages;
unwarranted denial of registration entry corrections;
delay in State registration of mortgages over fixed date;
State registration of the mortgage in violation of the requirements imposed by the legislation of the Russian Federation to the content of the record or other errors;
failure to comply with the requirements of paragraph 3 of article 22 of this federal law;
evasion of issuing mortgage (mortgage duplicate);
improper repayment record;
unreasonable refusal to act under article 26 of this federal law.
Chapter v. SAFEGUARDING of assets PLEDGED UNDER the MORTGAGE Article 29. Use the pledgor enshrined property 1. Depositor retains the right to use the property, pledged under the agreement on mortgage. The pledgor has the right to use the property in accordance with its purpose.
Terms of mortgage agreement limiting this right of the pledgor shall be void.
Unless otherwise provided by contract, while using embedded assets the pledgor should not allow the deteriorating assets and reduce its value beyond what is called normal wear and tear.
2. The pledgor has the right to benefit from assets pledged under the agreement on mortgage, fruits and revenues. The pledgee acquires no rights to these fruits and revenues, unless otherwise stipulated in the agreement on mortgage.
Article 30. Maintenance and repair of mortgaged assets 1. If the mortgage contract does not stipulate otherwise, the pledgor shall maintain assets pledged under the agreement on mortgage, in good condition and bear the cost of maintaining the property prior to the termination of a mortgage. (As amended by the Federal law of 22.12.2008 N 264-FZ)
2. If a mortgage contract does not stipulate otherwise, the pledgor shall perform repair and overhaul assets pledged under the agreement on mortgage, within the deadline set by federal law, other legal acts of the Russian Federation (paras. 3 and 4 of article 3 of the Civil Code of the Russian Federation), or in accordance with them, and if such dates are not set-within a reasonable period of time.
Article 31. Insurance of the pledged property.
Liability insurance of the borrower and the lender's financial risk insurance 1. Property insurance, mortgaged under mortgage is carried out in accordance with the terms of this agreement. Property insurance agreement, pledged under the mortgage, to be entered in favour of the pledgee (beneficiary), unless otherwise stipulated in the agreement on mortgage or in the contract, leading to the emergence of a mortgage by the law or the mortgage.
2. In the absence of agreement on mortgage terms on insurance of mortgaged assets the pledgor shall, at his own expense to insure these items in full value against the risk of loss and damage, and if the total value of the property exceeds the amount of the obligation secured by the mortgage obligation, an amount not less than the amount of the obligation.
3. a pledgee has the right to satisfaction of its claim under an obligation secured by a mortgage directly from insurance compensation for loss of or damage to the mortgaged property regardless of for whose benefit it is insured. This requirement shall be satisfied mainly before other creditors of the mortgagor's requirements and those in whose favour done for insurance exceptions stipulated by the Federal law.
The pledgee shall be divested of the right to satisfaction of the claim of the insurance indemnity if the loss of or damage to property occurred for reasons for which it is responsible.

4. the borrower is a natural person who is the debtor of the secured mortgage obligation is entitled to insure the risk of its responsibility to the creditor for nonperformance or improper performance of an obligation for the repayment of principal and payment of interest on loan (borrowings) (liability insurance of the borrower).
Liability insurance of the borrower, the lender is the beneficiary-the mortgagee of the secured mortgage obligation. When transferring creditor-mortgagee of the secured mortgage obligation of their rights under the mortgage or secured by a mortgage obligation or when transferring the rights to mortgage the rights of the beneficiary under the borrower's liability insurance contract shall be transferred to the new creditor or new owner mortgage in full.
The insured borrower liability insurance contract is failure by the borrower is a natural person, the requirements for early discharge of obligation provided with hypothec against due to non-payment or delayed payment by the borrower is a natural person the amount of the debt in whole or in part, provided the lender's failure in cash proceeds from the sale of the pledged property or insufficient cost abandoned creditor for a mortgaged property to satisfy the claims secured by mortgage in full.
5. the lender-mortgage obligation secured, the pledgee shall be entitled to insure the financial risk of him damages caused by inability to meet mortgage-backed requirements in full due to the lack of value of the pledged property (insurance of financial risk of creditor).
Financial risk insurance creditor beneficiary is insured. When transferring creditor-mortgagee of the secured mortgage obligation of their rights under the mortgage or secured by a mortgage obligation or when transferring the rights to mortgage the rights and obligations of the insured under insurance contract, the financial risk of the creditor pass to the new owner or mortgagee a mortgage in full.
Voluntary of the insured, the insurance contract the financial risk of the creditor is the mortgagee had losses associated with insufficiency of funds derived from the sale of the mortgaged property, or with insufficient cost abandoned creditor for a mortgaged property to satisfy the claims secured by mortgage in full in the case of the levying of execution on the pledged property due to non-payment or delayed payment by the borrower is a natural person the amount of the debt in whole or in part.
Loss of the mortgagee, relating to the insufficiency of funds derived from the sale of the mortgaged property, or with insufficient cost left behind a mortgaged property to satisfy the claims secured by mortgage in full, reduced by the amount of the indemnity owed to the mortgagee as beneficiary under the contract of insurance of liability of the borrower, if there is agreement of the borrower's liability insurance.
The insured under insurance contract, the financial risk of the creditor is obliged to notify the insurer of financial risk insurance the lender about the availability of liability insurance agreement the borrower prior to entry into the insurance contract the financial risk of the creditor or within ten working days from the time such policyholder became aware of, if at the time of conclusion of the insurance contract the insured lender financial risk was not known.
The insured under insurance contract, the financial risk of the creditor shall be entitled to request information about the availability of liability insurance contract of the borrower the borrower is a natural person who is the debtor of the secured mortgage obligation.
Under the insurance contract, the insurer of financial risk of the lender if it is provided with information on the coverage of the liability of the borrower pays indemnity to after submission of supporting documents for deciding on the implementation of the indemnity by the insurer under the contract of insurance of liability of the borrower.
6. Sum insured under liability insurance contract of the borrower or the lender's financial risk insurance contract may not be less than ten per cent of the principal amount of the debt. The sum insured with regard to liability insurance contract of the borrower shall not exceed fifty per cent of the principal amount of the debt. The insured amount shall be established for the duration of the contract liability insurance of the borrower or the lender's financial risk insurance contract. The insurance premium under the borrower's liability insurance contract shall be paid in a lump sum within the period stipulated in the specified contract.

At the conclusion of the agreement the borrower's liability insurance for the duration of the obligation provided with hypothec insured in case of paying more than 30 percent of the principal amount of the debt is right to reduce the insured amount, commensurate with the decrease in principal amount of secured mortgage obligation and at the appropriate revision of the amount of the insurance premiums for liability insurance contract of the borrower, provided that at the time of the revision of the terms and conditions of the agreement the borrower's liability insurance policyholder obligations served on repayment of principal and payment of interest on loan (borrowings) in accordance with the established schedule of repayment of principal, while avoiding delays payments of more than thirty days.
7. For the purposes of calculating the indemnity under the insurance contract, the liability of the borrower or the lender's financial risk insurance contract are not subject to accounting owed to the beneficiary of a penalty (fines) as a consequence of the failure, delay in performance or other improper performance of the obligation secured by the mortgage obligations, interest for the use of foreign funds, referred to in Article 395 of the Civil Code of the Russian Federation.
8. Liability insurance contract of the borrower or the lender's financial risk insurance contract may be concluded for the duration of the obligation secured by the mortgage obligation or the time period during which amount secured by a mortgage commitment is more than seventy per cent of the value of the pledged property.
9. In the case of repayment of debt under an obligation secured by a mortgage obligation liability insurance contract of the borrower or the lender's financial risk insurance contract is terminated. When the insurer is entitled to a portion of insurance premiums in proportion to the time during which there were insurance.
10. upon cancellation of the insured from the insurance contract, the liability of the borrower or the lender's financial risk insurance contract the insurer the premium paid is not refundable.
(Article in the Editorial Office of the Federal law dated 23.06.2014 g. N 169-FZ), Article 32. Measures for the protection of the pledged property against loss and damage for the safeguarding of the mortgaged property, including to protect it against infringement of any third party, fire, natural disasters, the pledgor shall take measures established by federal law, other legal acts of the Russian Federation (paras. 3 and 4 of article 3 of the Civil Code of the Russian Federation) and the agreement on mortgage, and if they are not installed-necessary measures consistent with the usual requirements.
In the event of a real threat of loss of or harm to the pledged assets the pledgor shall notify the mortgagee, if it is known.
Article 33. Protection of the mortgaged property from claims of third parties 1. In cases requiring the pledgor others claims of ownership or other rights to mortgaged property, his repossessed (discovery) or encumbrance of the property or other requirements, which may lead to cost reduction or deterioration of the property, the pledgor shall immediately notify the mortgagee, if it is known. When presented to the pledgor a corresponding claim in a court, arbitral tribunal or Arbitration Court (hereinafter the Court) it should bring such mortgagee to participate in the case.
2. In the cases referred to in paragraph 1 of this article, the mortgagor must use appropriate circumstances how to protect their rights to mortgaged property under article 12 of the Civil Code of the Russian Federation. If the pledgor refuses to protect their rights to mortgaged property or not exercising it, the pledgee shall have the right to use these methods of protection on behalf of the mortgagor without a special power of Attorney and to demand from mortgager compensation incurred in connection with those necessary expenses.
3. If the property, pledged under the agreement on mortgage, was in possession of third parties, the mortgagee may, acting on its own behalf, claim the property from unlawful possession, in accordance with articles 301-303 of the Civil Code of the Russian Federation to the possession of the pledgor.
Article 34. Right of mortgagee to inspect mortgaged property the pledgee shall have the right to inspect documents and actual availability, condition and the conditions of detention of the mortgaged property under the mortgage. This right belongs to the pledgee and, if the pledged property transferred by the pledgor at the time in possession of third parties.
Carried out by the pledgee validation should not create unnecessary obstacles to the use of mortgager the mortgaged property or other persons in possession of which it is located.
Article 35. Rights of mortgagee upon improper preservation of the pledged property

In flagrant violation by the pledgor of the rules regarding the use of pledged assets (paragraph 1 of article 29), the rules of, or repair to the pledged property (art. 30), the obligation to take measures for the conservation of the property (article 32), if the violation poses a threat of loss of or damage to the mortgaged property, as well as in case of violation of obligations on insurance of the pledged property (paras. 1 and 2 of article 31) or unjustified refusal of the pledgee in the verification of the mortgaged property (article 34) the mortgagee has the right to demand early performance of the obligation secured by mortgage obligations.
If the meeting such a demand refused or is not granted in the Treaty, and if such a term is not stipulated, within one month, the pledgee has the right to foreclose on the mortgaged property under the mortgage.
Article 36. Effects of the loss of or harm to the pledged property 1. The pledgor shall bear the risk of accidental loss and accidental damage to the mortgaged property under the mortgage, unless otherwise provided for in this Treaty.
2. If the circumstances for which the mortgagee does not respond, the pledged property is lost or damaged so that, as a consequence, securing a mortgage obligation has deteriorated significantly, the pledgee shall have the right to demand early performance of the obligation secured by mortgage obligations, including through insurance compensation in accordance with paragraph 3 of article 31 of the present Federal law.
3. The mortgagee may not exercise the rights provided for in paragraph 2 of this article, if between him and the pledgor agreement in writing about restoring or replacing a deceased or damaged property and pledgor duly complies with the terms of this agreement.
CHAPTER VI. TRANSFER of RIGHTS to MORTGAGED property UNDER the mortgage, to other individuals and ENCUMBER the PROPERTY RIGHTS of OTHERS, article 37. Alienation of mortgaged assets 1. Assets pledged under the agreement on hypothec could be alienated by the pledgor to another person by sale, gift, Exchange, making it as a contribution to the assets of a business partnership or company or shareholding in the property of the production cooperative, or otherwise with the consent of the mortgagee, unless otherwise stipulated in the agreement on mortgage.
2. In the case of a mortgage the alienation of mortgaged property is allowed if the right of the pledgor to the stipulated in the mortgage, subject to the conditions that it sets.
3. The pledgor has the right to bequeath to the mortgaged property. Terms of mortgage agreement or another agreement limiting this right of the pledgor shall be void.
Article 38. Preserving a mortgage upon the transfer of rights to mortgaged property to another person 1. A person who has acquired pledged under the agreement on mortgage assets as a result of its disposition or universal succession, including as a result of the reorganization of the legal person or by inheritance, becomes the place of the pledgor and shall bear all the responsibilities of the latter under the mortgage, including those that have not been duly executed original Pledger.
New depositor may be relieved of any of these duties only by agreement with the mortgagee. Such an agreement is not necessary for subsequent purchasers of mortgage, if not implemented its State registration and does not follow the rules of article 15 hereof. (As amended by federal law from 30.12.2004 N 216-FZ)
2. If the property, pledged under the agreement on mortgage, passed on specified in paragraph 1 of this article the grounds to several persons, each of the successors of the original mortgagor bears arising out of the relations of the mortgage obligation provided with hypothec consequences of failure nonperformance to it part of the mortgaged property. If the mortgaged property is indivisible or otherwise comes into common property assigns, successors become solidarity zalogodateljami.
3. Pledge of assets under the mortgage remains in force regardless of whether the transition of the property to other persons violated any established for such a transition rule.
Article 39. The consequences of a breach of the rules on the alienation of mortgaged property upon transfer of assets pledged under the agreement on mortgage, in violation of the rules of paragraphs 1 and 2 of article 37 hereof the pledgee shall have the right to demand of their choice: recognition deals on alienation of mortgaged property and applying the consequences set out in article 167 of the Civil Code of the Russian Federation;
early performance of the obligation secured by mortgage obligations and to foreclose on the mortgaged property regardless of whom it belongs to.

In the latter case, if it is proved that the acquirer of the mortgaged property under the mortgage at the time of its acquisition, knew or had reason to know that the property is repossessed with violation of article 37 hereof, such acquirer bears within the value of the property liable for non-performance of the obligation provided with hypothec jointly and severally with the debtor of the obligation. If the mortgaged property is expropriated in violation of these rules by the pledgor of the non-debtor under an obligation secured by a mortgage obligation jointly and severally with the debtor as the responsibility of the purchaser of the property, and old Pledger.
Article 40. Encumber the mortgaged property rights of other persons 1. Unless otherwise provided by federal law or by an agreement on hypothec mortgager has a right without the consent of the pledgee lease mortgaged property for rent, transfer it in temporary charge and, by agreement with the other person provide the latter a right of limited use of the property (easement) when conditions, that: the period for which the property is available for use, do not exceed term of obligation provided with hypothec;
the property is available for use for purposes consistent with the intended purpose of the property.
2. In the case of levy of execution on the pledged property by the pledgee on grounds provided for by federal law or an agreement on mortgage, lease and other rights all rights to use the property, granted by the pledgor to third parties without the consent of the mortgagee the mortgage after the conclusion of the contract, shall be terminated upon the entry into force of the court verdict on foreclosure of the property, and if the demands of mortgagee are satisfied without recourse to the courts (extrajudicially) Since the conclusion of the person who has won the auction, purchase-sale contract with the organizer of the auction provided that the mortgaged property is sold at auction, or from the moment of State registration of the ownership right of the mortgagee in the part of the mortgage, assuming that the mortgaged property was acquired in foreclosure. (As amended by federal law N 306-FZ)
3. The pledged property may be granted by the pledgor in third parties for a period exceeding the term of the secured mortgage obligations or for a purpose inconsistent with the purpose of property, only with the consent of the pledgee. In the case of mortgage provision under these terms to any third party the right to use the embedded property is allowed if the right of the pledgor to the stipulated in the mortgage.
4. provision of mortgager the mortgaged property for use by another person does not relieve the pledgor from duty under the mortgage, if the contract provides otherwise.
5. Encumber the mortgaged property under the mortgage, other collateral are governed by the rules of Chapter VII hereof.
Article 41. Effects of forced retirement State of mortgaged assets 1. If the ownership of the pledgor to the property being mortgaged, is terminated on the grounds and in accordance with established federal law, as a result of the seizure of property for State or municipal needs, his requisition or nationalization and the pledgor is provided other assets or appropriate reparation, mortgage spreads to replace the property or the pledgee acquires the right to preemptive their claims from the amount owed to the pledgor of reparation. (As amended by federal law from 31.12.2014 N 499-FZ) Mortgagee whose interests may not be fully protected rights under part one of the present paragraph, shall have the right to demand early performance of the obligation secured by mortgage obligations and foreclosing on property donated by the pledgor to replace seized.
2. In cases where the property being mortgaged, pledgor State as a sanction for the Commission of a crime or other offences (confiscation), mortgage remains in force and regulations article 38 hereof. However, the mortgagee whose interests may not be fully protected by the application of these rules, shall have the right to demand early performance of the obligation secured by mortgage obligations and foreclosing on confiscated property.
Article 42. Effects of vindication of the mortgaged property in cases where the property that is mortgaged, the pledgor in the manner prescribed by the Federal law on the ground that in fact the owner of the property is another person (vindication), mortgage the property stops. The mortgagee after the entry into force of a court decision shall have the right to demand early performance of the obligation, which was secured by a mortgage.
CHAPTER VII. SUBSEQUENT MORTGAGES Article 43. The notion of subsequent mortgages and the conditions under which it is permitted

1. assets pledged under the mortgage in one enforcement obligations (previous mortgage) can be granted bail in another enforcement obligations of the same or another of the debtor to the same or another mortgagee (subsequent mortgages).
The sequence s is determined on the basis of the data of the uniform State registry of immovable property rights and transactions on the moment of emergence of mortgage, determined in accordance with the rules of paragraphs 5 and 6 of article 20 of this federal law. (As amended by federal law from 30.12.2004 N 216-FZ)
2. Subsequent mortgages shall be allowed, if it is not banned by previous treaties on mortgage of the same property, which has not stopped at the time of the conclusion of a later treaty on the mortgage.
If prior agreement on mortgage provides for the terms on which the subsequent treaty can be concluded about mortgages, the latter should be made in compliance with these terms and conditions.
3. Subsequent contract on mortgage concluded despite the prohibition set by previous agreement on hypothec could be recognized by a court to be invalid under the claim of the mortgagee under the previous Treaty, regardless of whether the pledgee knew of subsequent Treaty on such a ban.
If a subsequent mortgage not banned, but the subsequent contract is in violation of the conditions stipulated in the previous agreement, for it demands of mortgagee by subsequent treaty are satisfied to the extent of their satisfaction possible in accordance with the terms of the previous contract on mortgage.
4. the rules of paragraphs 2 and 3 of this article shall not apply if the parties to the previous and subsequent treaties on mortgages are the same person.
5. conclusion of the subsequent treaty about mortgages, establishing and issuing a mortgage shall not be permitted.
Article 44. Warning about prior mortgagees and subsequent mortgages. Modified preceding of mortgage agreement 1. The pledgor shall inform each subsequent mortgagee before the conclusion of a treaty with them on subsequent mortgage information about all existing mortgages of the property referred to in paragraph 1 of article 9 hereof.
Failure by the pledgor to the pledgee gives this responsibility subsequent to the Treaty the right to demand termination of the contract and compensation for damages, unless it is proved that he could get the necessary information about the preceding mortgages on the basis of article 26 hereof from the data on their State registration.
2. The pledgor who subsequent treaty about mortgages, must immediately notify mortgagees on previous mortgages and upon request inform them details of the subsequent mortgage as provided for in paragraph 1 of article 9 hereof.
3. After the conclusion of a later treaty on mortgage modification prior to contract, leading to the new requirements of previous mortgagee or the increase in requirements already provided under this contract (article 3) is allowed only with the consent of the pledgee to the subsequent treaty, unless otherwise provided for in the preceding contract was about mortgages. (As amended by the Federal law of 11.02.2002 N 18-FZ)
4. the rules of the present article shall not apply if the parties to the previous and subsequent treaties on mortgages are the same person.
Article 45. State registration of subsequent State registration of subsequent mortgages mortgages shall be subject to the rules of chapter IV of this federal law.
In a subsequent treaty about mortgages made mark all records on the preceding mortgages on the same property.
The subsequent mortgage is entered into the records of all previous mortgages on the same property.
Article 46. Satisfaction of mortgagees on previous and subsequent mortgages 1. Demands of mortgagee by subsequent treaty about mortgages are satisfied from the value of the pledged assets in compliance with the requirements of the mortgagee on previous contract of mortgage right of way their claims.
2. In the case of the levying of execution on the pledged property on the secured subsequent mortgage may be required early performance of the obligation provided with hypothec and levied on the property and secured prior mortgage, date of presentation of the collection has not yet been reached. If the mortgagee under prior mortgage agreement did not avail himself of this right, the property levied on secured subsequent mortgage proceeds to its acquirer burdened previous mortgage. (As amended by the Federal law of 11.02.2002 N 18-FZ)

3. In the case of the levying of execution on the pledged property on the secured the previous mortgage, simultaneous foreclosure on the property and claims secured by a mortgage, the term follow-up presentation to the recovery has not yet arrived. Claims with a subsequent mortgage are not eligible for early satisfaction if to satisfy claims secured by the previous mortgage, foreclosure on enough part of the mortgaged property.
4. before foreclosing on the property, the key to which provided requirements on previous and subsequent mortgages, mortgagee, deliberate assert their claims to recover must in writing inform the mortgagee under another contract of mortgage of the same property.
5. The rules contained in this article shall not apply if the mortgagee on the previous and subsequent mortgages is one and the same person. In this case, the requirements provided by each of the mortgages are, in order of priority, the relevant terms of performance of the obligations, if federal law or unless otherwise provided by agreement of the parties.
CHAPTER VIII. ASSIGNMENT OF RIGHTS UNDER THE MORTGAGE.
Transfer and PLEDGE of the MORTGAGE Article 47. Assignment of rights under a contract of mortgage or secured by a mortgage obligation 1. The pledgee has the right to assign its rights (demands) under the mortgage or secured by a mortgage obligation (main undertaking) to any third party, unless a statute or contract provides otherwise.
2. a person who has transferred the rights under the mortgage at the former place becomes the pledgee under this agreement.
Unless proven otherwise, the assignment of rights under a contract of mortgage and assignment of rights under an obligation secured by a mortgage obligation (main undertaking).
3. Unless the Treaty otherwise provides, a person who passed the law on obligation (main undertaking), moving and rights securing performance of the obligation.
Such a person becomes the place of the former mortgagee under the mortgage.
Assignment of the secured mortgage obligation (main undertaking) in accordance with paragraph 1 of article 389 of the Civil Code of the Russian Federation must be made in the form in which there is secured by mortgage obligation (the principal obligation).
In connection with the implementation of assignment of rights (demands) under the mortgage or secured by a mortgage obligation (primary obligation) in accordance with paragraph 1 of this article, the mortgagee transfers personal data of the borrower and (or) the pledgor who is a natural person in accordance with the Federal law of July 27, 2006 N 152-FZ "on personal data".
A person who had been assigned to the right (claim) must keep became known in connection with the assignment of rights (demands) banking secrecy and personal data of the borrower and (or) the pledgor who is a natural person, to protect the confidentiality and security of personal data specified individuals and is responsible for its disclosure.
4. the relations between the person to whom the rights were assigned, and the mortgagee shall apply the rules of articles 382, 384-386, 388 and 390 of the Civil Code of the Russian Federation on transfer of the rights of a creditor, by assignment of a claim.
5. assignment of rights under a contract of mortgage or secured by a mortgage obligation, rights for which certified mortgage shall not be permitted. When making such a deal she recognized a void.
(Article in the Editorial Office of the Federal law dated 21.12.2013 g. N 363-FZ) Article 48. Transfer of rights to mortgage 1. If the transfer of rights to a mortgage deal is executed in the simple written form.
When transferring the rights to mortgage the transferor makes the mortgage on the new owner, unless otherwise stipulated by this federal law.
The mark must be accurately and completely specifies the name (name) of the person who transferred the right to mortgage.
The mark must be signed as specified in the mortgage the mortgagee or if this inscription is not the first mortgage holder, specified in the previous mark. If a mark is made by a person acting under a power of Attorney, you specify information about the date of issuance, if the power of Attorney, power of Attorney and notary certified, notary, udostoverivshem power of attorney.
In case if there is a depositary account mortgage, transfer of rights is performed by making an appropriate entry in the custody account. The right of mortgage shall pass to the purchaser from the moment of receipt of the record on the custody account acquirer that is sufficient proof of the existence of the acquirer of the rights on the mortgage. When the mark on the mortgage on her new owner.
2. Transfer of rights at the mortgage to another person means the person thereby transfer all rights certified in the aggregate.
Mortgage owner owns all certified rights, including the right of the pledgee and the creditor's rights under an obligation secured by a mortgage obligation, regardless of the original mortgagee and the previous owners of the mortgage.

Unless otherwise specified in a transaction referred to in paragraph 1 of this article, if the transfer of rights to a mortgage with a partial fulfillment of obligation provided with hypothec (basic obligations) obligations that must be fulfilled before the time of transfer of the rights to mortgage shall be deemed to be executed.
3. The owner of the mortgage is considered lawful only if its the right to mortgage is based on the last mark on the mortgage, made by a previous owner, unless otherwise provided in this paragraph. It is not considered to be the legal owner of the mortgage, if it is proved that the cage was eliminated from possession of any of the persons who have made endorsements, against their will as a result of theft or other criminal means, as the new owner of the mortgage, buying her, knew or should have known.
In case if you are the owner of the mortgage, custody record of mortgage is legitimate, if his right to mortgage certified record by the custody account. In the event of termination of depository accounting mortgage does on depository mortgage mortgage owner mark, which is according to the entries on the custody account at the time of admission to the Depositary specifying the mortgage holder mortgage accounting for the cessation of this depository.
4. the creditor shall be entitled to transfer the rights to mortgage to any third parties.
Inscriptions on a mortgage prohibiting its onward transmission to others, shall be void. (As amended by the Federal law of 21.12.2013 N 363-FZ)
5. If a third party in accordance with paragraph 2 of article 313 of the Civil Code of the Russian Federation to comply with the debtor's secured by a mortgage obligation in full, it shall be entitled to require the carrier to deliver to him the mortgage. In case of refusal of the mortgagee to transfer mortgage third party may demand the transfer of mortgage to him in court.

6. In connection with the transfer of rights to mortgage the mortgagee has the right to transfer personal data of the borrower and (or) the pledgor who is a natural person, without the consent of the borrower, and (or) the pledgor who is a natural person.
The person to whom the rights have been transferred to the mortgage is required to store became known in connection with the transfer of mortgage banking secrecy and personal data of the borrower and (or) the pledgor who is a natural person, to protect the confidentiality and security of personal data specified individuals and is responsible for its disclosure.
(Para supplemented by federal law from 21.12.2013 N 363-FZ) (Article in edition of 2008, Federal Law No. 264-FZ) Article 49. Mortgage pledge 1. Mortgage may be laid on the mortgage contract of pledge without transfer or transfer it to another person (the mortgage the mortgagee) as security for obligations under the loan agreement or other obligations arising between that person and the mortgagee, originally named in the mortgage or other lawful owner (mortgage the mortgagee). (As amended by the Federal law of 11.02.2002 N 18-FZ)
2. mortgage while mortgaging without referring it to the pledgee of the mortgage bond order foreclosure on a mortgage mortgaged is regulated in article 349 of the Civil Code of the Russian Federation. (As amended by the Federal law of 11.02.2002 N 18-FZ)
3. At the conclusion of the contract of pledge of mortgage with the transfer of its mortgage to the mortgagee of a party may provide for: 1) levy of execution on the pledged assets in accordance with article 349 of the Civil Code of the Russian Federation;
2) transfer of mortgage payments in the manner, under the conditions and with the consequences provided for in article 48 of this federal law;
3) implementation of mortgage the mortgagee on mortgage special mortgage inscriptions giving the mortgagee the mortgage right after a certain period to sell the mortgage in order to retain from the proceeds of money amount secured her pledge.
(Paragraph as amended by federal law from 11.02.2002 N 18-FZ)
4. Mortgage the mortgagee the mortgage payments can be made ad hoc mortgage transfer inscription giving the mortgagee the mortgage right after a certain period to sell the mortgage in order to retain from the proceeds of money amount secured her pledge.
In case if there is a depositary account mortgage, special mortgage transfer the inscription reflects the depository in the form of a special record in the custody account, upon instructions from the owner of the mortgage. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ) when executing the mortgage obligation secured by the pledge in full the special mortgage transfer lettering is repaid by the mortgagee the mortgage repayment of such markings or inscriptions, if custody record of mortgage by making the depositary on the basis of the orders of the pledgee of the mortgage bond corresponding entry on repayment on the custody account. (The paragraph is supplemented by federal law from 22.12.2008 N 264-FZ), chap. IX. LEVY of EXECUTION on the PLEDGED property UNDER the MORTGAGE Article 50. Founding of the levying of execution on the pledged property

1. The pledgee shall have the right to foreclose on the mortgaged property under the mortgage, to meet at the expense of the property mentioned in articles 3 and 4 of this federal law requirements caused by the nonperformance or improper performance of the secured mortgage obligations, in particular the non-payment or delayed payment of the debt in whole or in part, unless a contract provides otherwise. (As amended by federal law N 306-FZ) the mortgagee has the right to foreclose on the mortgaged property under the mortgage, to meet at the expense of the property requirements specified in this paragraph and caused by the nonperformance or improper performance of the secured mortgage obligation by the debtor, in respect of which the procedures were introduced in the bankruptcy case. (The paragraph is supplemented by federal law from 29.12.2014 N 476-FZ) different conditions of mortgage agreement and conditions secured mortgage obligations with respect to the requirements that can be met through the levying of execution on the pledged property, preference will be given to the terms of agreement on mortgage.
2. (abrogated by federal law N 306-FZ) 3. (Repealed-the Federal law dated 06 N 405-FZ)
4. In the cases provided for by this article, in articles 12, 35, 39, 41, 46 and 72 of this federal law or other federal law, the pledgee shall have the right to demand early performance of the obligation secured by the mortgage obligation, and failure to do so-the levying of execution on the pledged property regardless of proper or improper performance provided by mortgage obligations. (As amended by federal law N 306-FZ)
5. the peculiarities of foreclosing on property located in the mortgage by law in accordance with the Federal law on participation in share participation construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation ", are determined by the specified by federal law. (Para supplemented by federal law N 306-FZ; as amended by federal law from 17.06.2010 N 119-FZ), Article 51. The judicial procedure for levying of execution on the pledged property Recovery according to the requirements of the mortgagee is drawn on the property, pledged under the agreement on mortgage, by court order, except where, in accordance with article 55 of this federal law allowed the satisfaction of such claims without going to court.
Article 52. Jurisdiction and jurisdiction of cases on the treatment of levy of execution on the pledged property Sued for foreclosure on the property, pledged under the agreement on mortgage, brought in accordance with the rules of jurisdiction and the jurisdiction of affairs established by the procedural law of the Russian Federation.
Article 53. Measures to protect the interests of other mortgagees, missing the pledgor and others 1. When the foreclosure of the property mortgaged for two or more treaties on mortgage, the mortgagee shall submit to the Court in which an action is brought, evidence of the fulfilment of a duty provided for under paragraph 4 of article 46 of this federal law.
2. when it appears from the case file for foreclosure of the pledged property shows that the mortgage was or should have been carried out with the consent of the other person or body, the Court, which sued for foreclosure, notify the appropriate person or body and gives him the opportunity to participate in this case.
3. Persons entitled to based on the law or the contract for the right to use the embedded property (tenants, employers, family members of the owner of the residential premises and others) or a proprietary right to the property (easement, the right of lifetime use and other rights), the right to participate in the consideration of a case on the foreclosure of the pledged property.
Article 54. Issues resolved by the Court in the case of foreclosure of the pledged property 1. In the foreclosure of the property mortgaged under the mortgage may be refused in cases stipulated by article 54-1 hereof. (As amended by federal law N 306-FZ)
2. In deciding on the foreclosure of the property mortgaged under a contract of mortgage, the Court shall determine and specify in it: 1) the amount payable to the mortgagee of the value of the pledged property, excluding expenses for the protection and realization of assets, which are determined on completion of its implementation. For the amounts, calculated as a percentage, shall be specified the amount by which the interest interest rate and the period for which they are to be assessed;
2) name, location, cadastral number or entry number on the right in the unified register of rights to real estate and transactions with it pledged property the value of which the claims of the pledgee; (As amended by the Federal law dated 06 N 405-FZ)

3) method of and procedure for sale of the pledged property is levied. If the parties entered into an agreement setting out the modalities for implementation, mortgage court determines how the sale of the pledged assets in accordance with the terms of such end user license agreement (paragraph 1-1 article 9 hereof); (As amended by the Federal law dated 06 N 405-FZ) 4) starting selling price of the mortgaged property during its implementation. The initial selling price of the property at a public auction is determined on the basis of an agreement between the pledgor and the pledgee, made in the course of the trial, and in the case of the dispute by the Court itself. If the initial selling price of the mortgaged property is determined on the basis of the report, it is set equal to eighty per cent of the market value of such property, defined in the report of the assessor. Distinctions of determining of the initial sale price of the mortgaged property are established by article 77, paragraph 9-1 of this federal law; (As amended by the federal laws from 06.12.2011 N 405-FZ; 21.07.2014 N 217-FZ) 5) material security measures to implement it, if necessary;
6) special conditions for public auction, set by paragraph 3 of article 62-1 hereof, if the mortgaged land are referred to in paragraph 1 of article 62-1 hereof. (Supplemented by federal law from 18.12.2006 y. N 232-FZ)
3. According to the mortgagor, the Court may, for cogent reasons in the decision for foreclosure of the pledged property to delay its implementation for up to one year in cases where: (as amended by the Federal law of 11.02.2002 N 18-FZ) the pledgor is a citizen regardless of the property laid them under the mortgage, provided that the deposit is not associated with the implementation of the citizen entrepreneurship;
the subject of mortgage is a plot of land from the agricultural land. (As amended by federal law from 05.02.2004 N 1-FZ) Specifying the period for which deferred the implementation mortgaged property, the Court shall consider including what amount requirements subject to the satisfaction of the pledgee of the value of the pledged property at the time of expiry of deferment, should not exceed the value of the mortgaged property on the assessment referred to in the report of an independent appraiser or the decision of the Court at the time of realization of such assets. (As amended by the Federal law of 22.12.2008 N 264-FZ) postponement of the sale of the pledged property does not affect the rights and obligations of the parties under an obligation secured by a mortgage of the property, and does not release the debtor from payment of the increased during the deferral of loss the lender owed the lender interest and penalties.
If the debtor within the time delay will satisfy the creditor secured by a mortgage to the extent that they have at the time of a claim, the Court, upon application by the mortgagor cancels the decision on foreclosure. (As amended by the Federal law of 11.02.2002 N 18-FZ)
4. postponement of the sale of the pledged property is not allowed if: it can lead to a significant deterioration of the financial situation of the pledgee;
in relation to the pledgor or pledgee brought about recognition of its insolvent (bankrupt). Article 54-1. The grounds for refusal in the foreclosure of the pledged property 1. Levy of execution on the pledged property by judicial procedure is not allowed if approved by the debtor to the violation of the obligation secured by the pledge is extremely insignificant and size requirements of the mortgagee is clearly disproportionate to the value of the pledged property.
Unless proved otherwise, it is assumed that the breach of the obligation secured by the pledge is extremely insignificant and size requirements of the mortgagee is clearly disproportionate to the value of the pledged property, provided that at the time of adoption of the decision of the Court for foreclosure at the same time that the following conditions are met: (as amended by the Federal law dated 06 N 405-FZ) with Umma unsettled obligations amounts to less than five percent of the value of the mortgaged property; (As amended by the Federal law dated 06 N 405-FZ) period of delay of fulfillment of obligation provided with mortgage is less than three months.
(Paragraph five ineffective-the Federal law dated 06 N 405-FZ)
2. denial of foreclosure on the basis specified in paragraph 1 of this article, is not a ground for the termination of a mortgage and an obstacle for the new application to the Court with a lawsuit for foreclosure of the pledged property, if such treatment would be the circumstances that led to failure in foreclosure.

3. Levy of execution on the pledged assets without recourse to the courts (extrajudicially) is not allowed in the presence of the following conditions are met simultaneously: the amount of unsettled obligation secured by a mortgage is less than five percent of the amount of the assessment of the mortgage under the mortgage;
the period of delay of fulfillment of obligation provided with mortgage is less than three months.

When the mortgage and foreclose on the collateral may be paid out of court after a change in the circumstances.
(Paragraph as amended by federal law from 17.07.2009 N 166-FZ) 4. (repealed-the Federal law dated 06 N 405-FZ) 5. If the contract does not stipulate otherwise on mortgage, foreclosure on the property, pledged to ensure the obligations of the executable payments periodic allowed systematic violation of deadlines for their application, i.e. If there is a violation of the timing of payments more than tripled during the 12 months preceding the date of application to the Court or the date of the notice of foreclosure of the pledged property extrajudicially, even if that each delay is insignificant. (Para supplemented by federal law from 06.12.2011 N 405-FZ) (Article supplemented by federal law N 306-FZ) Article 55. Levy of execution on the pledged property pursuant to extra-judicial procedures 1. Satisfaction of mortgagee at the expense of the mortgaged property under the agreement on mortgage, extrajudicially allowed if it is stipulated in the agreement on mortgage or contract, subject to a mortgage, by operation of law, or if the pledgee's certified mortgage mortgage.
Foreclosure on mortgage extrajudicially to dishonor the notary is allowed on the basis of a notarized contract on mortgage or notarized contract entailing the emergence of mortgage by the law or the mortgage, that contain condition for foreclosure of the pledged property extrajudicially.
If the pledgee's certified mortgage satisfaction of mortgagee at the expense of the mortgaged property under the agreement on mortgage, extrajudicially to dishonor the notary is allowed if the condition for foreclosure pursuant to extra-judicial procedures contained in both the mortgage and the mortgage agreement or contract involving a mortgage in the force of law, on which the mortgage is issued. Such contracts must be notarially certified.
2. Realization of the pledged property levied pursuant to extra-judicial procedures shall be carried out in accordance with the provisions of article 56 of this federal law.
If the agreement on mortgage provides the condition for foreclosure of the pledged assets out of court and the parties to the Treaty are the legal entity and (or) individual entrepreneurs, securing of obligations associated with the entrepreneurial activities, one way to implement a mortgage may be abandonment mortgagee of mortgaged property.
To the relations of the parties on abandonment mortgagee for a mortgaged property apply the civil law rules of sale, unless otherwise follows from the nature of the relationship.
Exclusion from the unified State Register of individual entrepreneurs of the physical person, a party of mortgage agreement containing provided second paragraph this paragraph not shall entail the termination of the Treaty's provisions on mortgage abandonment mortgagee of mortgaged property.
3. When foreclosure of the pledged in accordance with the second paragraph of paragraph 2 of this article, property, it retained the mortgagee reserves less the purchase price demands of mortgagee against the debtor, secured by a mortgage, at a price equal to the market value of such property should be defined in the manner prescribed by the legislation of the Russian Federation on assessment activities.
If the person concerned does not agree with the evaluation of the mortgaged property, the person is entitled to demand that the mortgagee for damages caused by the implementation of mortgaged property, at the price specified in the evaluation report.
4. Commission of registration actions on entries in the unified State Register of rights to real estate and transactions with it in the manner prescribed by the Federal law on State registration of rights to real estate and transactions therewith in respect of subject of hypothec, which levied extrajudicial enforcement is permitted on the basis of the dishonor of a notary public in the manner laid down by federal law on the State registration of rights to real estate and transactions with it.
5. Claims of the mortgagee in the manner prescribed by this article, shall not be permitted if: 1) the subject of mortgage is a dwelling belonging to the ownership of a natural person;
2) debtor-natural person in the prescribed manner recognized as missing;
3) mortgaged property is subject to prior and subsequent mortgages, which employ different orders of foreclosure for mortgages or different ways of realization of the pledged property;
4) property included in the enforcement of the different obligations to multiple sozalogoderzhateljam;

5) mortgaged property is the land of the whole agricultural lands subject to federal law dated July 24, 2002 N 101-FZ "on the transfer of agricultural land and where there is no building, structure, facility;
6) subject of mortgage is a plot of land from the agricultural land given to the citizen for individual housing construction, conducting a personal part-time farm, holiday farm, gardening, livestock or gardening, as well as buildings, structures, facilities, located on this land;
7) mortgaged land is specified in paragraph 1 of article 62-1 hereof and there are no buildings, constructions, structures;
8) mortgaged property is property that is in State or municipal ownership;
9) the right of the pledgor to the mortgaged property is not registered in the unified State Register of rights to real estate and transactions therewith;
10) mortgaged property is property that has a significant historical, artistic or other cultural value to the community.
6. In the cases referred to in paragraph 5 of this article, foreclose on the mortgaged property is drawn by a court decision.
(Article in the Editorial Office of the Federal law dated 06 N 405-FZ) Article 55-1. The settlement agreement under an obligation secured by a mortgage, when the foreclosure of the mortgage 1. Conclusion of an amicable agreement in accordance with procedure specified by procedural legislation, under an obligation secured by a mortgage, the mortgage shall not entail termination, unless otherwise provided for in the settlement agreement. Since the court approval of the settlement agreement the mortgage provides the debtor's obligation, changed the approved settlement agreement.
2. amendments and additions to the registration entry on mortgage in connection with approval of the court settlement agreement shall be made in the manner prescribed by paragraph 3 of article 23 hereof.
(Article supplemented by federal law N 306-FZ) Article 55-2. Order notification and requirements 1. Notice and requirement (hereinafter referred to as the notice), stipulated by this federal law, agreement on hypothec shall be sent to the address specified by a party to the Treaty on the mortgage, as well as on the location of the legal person or the place of residence of a natural person, including an individual entrepreneur.
Seat of a legal person shall be determined on the basis of the information contained in the unified State Register of legal persons, the place of residence of an individual entrepreneur-in the unified State Register of individual entrepreneurs.
2. Notification shall be sent by registered mail with advice of delivery or shall be served on the addressee against receipt.
3. the time of receipt of the notification by the party of mortgage agreement is considered to: 1) a date specified in the mail notification of receipt of the notification at the address (location, place of residence), the parties to the Treaty on the mortgage specified in it;
2) the date specified in the copy of the notice by the party of mortgage agreement or its representative upon delivery of notice against receipt;
3) date of refusal the parties to the contract of mortgage from the receipt of the notification, unless the refusal recorded organization of postal connection;
4) date on which the notification by registered mail with notice at (location, place of residence), the parties to the Treaty on the mortgage specified in it, not served in connection with absence of the addressee at the specified address (location, place of residence), as the postal service organization informed the sender of the notification.
4. Side of mortgage agreement is also considered to be receive notice properly if: 1) the addressee refused to receive notification and this rejection registered organization of postal connection;
2) notice served on the authorized person of the legal person.
(Article supplemented by federal law from 06.12.2011 N 405-FZ) Chapter x. REALIZATION of the PLEDGED property LEVIED Article 56. Realization of the pledged property (as amended by the Federal law of 11.02.2002 N 18-FZ dated December 30, 2008) 1. Assets pledged under the agreement on mortgage, on which a decision of the Court levied in accordance with this federal law, implemented through public bidding, with the exception of cases stipulated by this federal law.
The procedure for conducting public auction for the sale of the mortgaged property under the mortgage is determined by the procedural law of the Russian Federation, since this federal law does not stipulates other rules.

2. In deciding on the foreclosure of the pledged property, the Court may, with the consent of the pledgor and pledgee set in the decision, that the property to be implemented in the manner provided for in article 59 of this federal law. The same way the implementation mortgaged property may be provided by the pledgor and the pledgee the pledgee needs agreement extrajudicially, concluded in accordance with paragraph 1 of article 55 of this federal law. (As amended by the Federal law of 11.02.2002 N 18-FZ) realization of the pledged property in the manner provided for in article 59 of this federal law shall not be allowed in cases where recovery on this property in accordance with paragraph 2 of article 55 of this federal law could not be brought to court. (As amended by the Federal law of 11.02.2002 N 18-FZ) procedure for sale of the mortgaged property under the mortgage, the auction is determined by the rules of articles 447-449 civil code of the Russian Federation and the present Federal law, and that they are not provided, shall be determined by agreement to meet the demands of mortgagee extrajudicially.
3. In cases of levy of execution on mortgaged leasehold real estate it is implemented in accordance with the rules of this federal law, with subsequent registration of assignment of the right.
4. When deciding on the foreclosure of the land which is the subject of the hypothec in accordance with paragraph 1 of article 62-1 of this federal law, the Court, with the consent of the pledgor and the pledgee may determine that such land is subject to sale at auction in the manner provided for in article 62, paragraph 4-1 of this federal law. (Para supplemented by federal law from 18.12.2006 y. N 232-FZ) of Article 57. The procedure for holding public auctions in enforcement proceedings (as amended by federal law N 306-FZ dated December 30, 2008) 1. Public auction for the sale of the mortgaged property are organized and conducted the bodies which, in accordance with the procedural legislation of the Russian Federation are entrusted with the enforcement of judgements, unless otherwise stipulated in the Federal law.
2. Public auction for the sale of the mortgaged property are held at the location of the property.
3. the organizer of the public auction shall notify about upcoming public auction no later than 10 days, but not earlier than 30 days prior to their implementation in the periodical, which is the official information organ of executive authority of the Russian Federation, at the location of the immovable property, but also sends the relevant information for posting on the Internet in the order established by the Government of the Russian Federation. The notice shall specify the date, time and place of the public auction, the nature of the property being sold and its initial selling price. (As amended by federal law N 306-FZ)
4. persons wishing to participate in a public auction, make a deposit in the amount, timing and order, which must be specified in the notice of public auction. The size of the down payment may not exceed 5 per cent of the initial sale price of the mortgaged property.
Persons who participated in a public auction, but failed to win them, the deposit is returned immediately upon completion of the public tender. Also deposit refundable if public auction did not take place.
5. Presence at a public auction for the sale of the mortgaged property not involved in them may be restricted by local governments in the interest of maintaining public order. At a public auction in any event have the right to attend the persons having the right to use the property to be sold or proprietary rights to this property, as well as mortgagees for mortgages. (As amended by the Federal law of 11.02.2002 N 18-FZ)
6. Successful public auction is the person issuing at a public auction the highest price for the property being sold. This person and the organizer of the public auction shall sign the day Protocol on the results of the public tender. Dodging any of them from signing the Protocol entails consequences set forth in paragraph 5 of article 448 of the Civil Code of the Russian Federation.
7. a person who won the public auction, must within five days after deposit, which they bought from mortgaged property (the purchase price), minus the previously made a deposit to the account specified by the organizer of public bidding. For failure to pay the amount of the deposit will not be returned.
8. Within five days from the moment of the purchase price of the person who has won the public auction, the organiser of the public auction concludes the contract of sale. The Treaty and the Protocol on the results of the public tender are the basis for making the necessary entries in the unified State Register of rights to real estate and transactions with it. (As amended by federal law from 30.12.2004 N 216-FZ) Article 58. Ad public auction failed 1. Public auction Organizer declares them invalid in cases where: 1) on public bidding was less than two buyers;

2) at a public auction is not made allowance against the initial selling price of the mortgaged property;
3) a person who won the public auction, the purchase price not made within the prescribed time limit.
Public procurement should be declared invalid, not later than the next day after having occurred any of the specified circumstances.
2. Within 10 days after the announcement of the public auction failed, the pledgee has the right under the agreement with the pledgor to purchase mortgaged property to its initial sale price at a public auction and set off against the purchase price of their requirements, secured by a mortgage of the property.
To such an agreement shall apply the rules of the civil legislation of the Russian Federation on the sales contract. Mortgage in this case stops.
3. If an agreement on the acquisition of property by the pledgee in accordance with paragraph 2 of this article shall not take place no later than one month after the first public auction conducted repeated public auction. The initial selling price of the mortgaged property for repeated public tender, if they are caused by the reasons described in subparagraphs 1 and 2 of paragraph 1 of this article shall be reduced by 15 per cent. Public auction conducted in the manner provided for in article 57 of this federal law.
4. In the case of repeated public auction failed for the reasons mentioned in paragraph 1 of this article, the pledgee shall have the right to acquire (reserve) mortgaged assets at a price no more than 25 percent below its initial sale price at the first public tender, with the exception of the land referred to in paragraph 1 of article 62-1 hereof, and set off against the purchase price of your requirements secured by a mortgage of the property. (As amended by federal law from 18.12.2006 y. N 232-FZ) if the mortgagee has left behind a mortgaged property, which, by their nature and designation can not belong to him, including property, which has a significant historical, artistic or other cultural value for the society, land, he shall within the year to dispose of the property in accordance with article 238 of the Civil Code of the Russian Federation.
5. If the pledgee does not use the right to leave for a mortgage within a month after the announcement of repeated public auction canceled the mortgage ceases.
The mortgagee is deemed to be making use of this right, if within one month from the date of announcement of repeated public auction failed would send to the organizer of the auction, if the foreclosure was administered judicially, the organizer of the auction and the bailiff-Executive Director (in writing) on the abandonment of subject of hypothec. Protocol on the recognition of repeated public auction failed, a declaration of abandonment mortgagee mortgage and a document confirming the direction statements of the organizer of trades are sufficient grounds for the registration of the property right of the pledgee the subject of mortgage. (The paragraph supplemented by federal law N 306-FZ)
6. special conditions for public auction for the sale of land subject to a mortgage in accordance with paragraph 1 of article 62-1 of this federal law, shall be established by paragraph 3 of article 62-1 hereof. (Para supplemented by federal law from 18.12.2006 y. N 232-FZ), Article 59. Realization of the pledged property by agreement of the parties 1. Implementation of mortgaged property by agreement of the parties with respect to extrajudicial foreclosure of the pledged property by public auction, the organizer of the auction, which is under contract with the pledgee and acts on his or her behalf.
The amount of remuneration deducted from auction Organizer the sum recovered when implementing a mortgage. If the organizer of trades exceeds three per cent of the amount obtained when the implementation mortgaged property, the difference between the remuneration provided for in the agreement with the organizer of the auction, and three per cent of the amount obtained when the implementation mortgaged property, non-refundable due to the value of the mortgaged property and is paid for by the mortgagee.
2. sale of the mortgaged property at a closed auction is allowed only in cases stipulated by the Federal law.
3. Prior to the auction organizer of trades or the mortgagee pledgor sends a notification to the fulfillment of an obligation secured by a mortgage. The notification of the depositor by registered letter to the address specified in the agreement on mortgage, or any other known place of residence or location of the mortgagor. Notice of need fulfillment of obligation provided with hypothec must contain the following information: 1) the amount of unsettled obligation: RUR at the date of the notice;
2) offer to perform the secured mortgage obligation;
3) warning that if non-performance of the obligation within the time specified in the notification, the pledgee has the right to foreclose on the mortgaged property.

4. If you are not satisfied with the demands contained in the notification of tenders, within 10 days from the date of receipt of the notification by the pledgor or, if that period expires earlier, 45 days from the date of circulation by the pledgee or the organizer of the auction of such notification to the pledgor the pledgor shall forward trades Organizer, mortgagee notice of bids and publishes a notice of auction.
5. notification of tenders must contain the following information: 1) the name, place of residence or name, location of the pledgor;
2) the name, place of residence or name, location of the mortgagee;
3) title of obligation secured by a mortgage. In cases where that obligation is based on the Treaty should be specified by the contract, the date and place of his detention;
4) name, description and characterization of immovable property which is the subject of the hypothec;
5) time and place of the auction;
6) name, location, phone number, auction Organizer.
6. Published notice of the bid must contain the following information: 1) title, location, description and characterization of immovable property which is the subject of the hypothec;
2) size, term and procedure for deposit persons participating in the auction. The size of the down payment may not exceed five per cent of the initial sale price of the mortgaged property;
3) order and terms of payment of the purchase price based on the results of tenders;
4) time and place of the auction;
5) name, location, contact number auction Organizer and his payment details.
7. Notification of tenders must be published in the periodical, which is the official information organ of executive authority of the Russian Federation, at the location of the immovable property.
8. From the date of first publication of the notice of bidding the pledgor shall not be entitled to make transactions with respect to the subject matter of the mortgage (with the exception of transactions with the mortgagee to end the obligations secured by a mortgage), and if such transactions have been committed, they suit the person concerned may be considered invalid.
9. From the date of first publication of the notice of bidding before dates must pass no less than ten days.
10. If the implementation of mortgaged immovable property without going to court (extrajudicially) this federal law provided for compulsory involvement of a valuer, the initial selling price of the mortgaged property is set equal to eighty per cent of the value of the immovable property as defined in the report, provided that the other is not determined by agreement of the parties on the foreclosure of the pledged real estate extrajudicially. Unless otherwise stipulated in the Federal law, involvement of the appraiser to determine the initial selling price of the mortgaged real estate necessarily foreclosure: 1) the right to lease real property;
2) claim party share construction arising out of the contract of participation in share participation construction that meets the requirements of the Federal law on participation in share participation construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation ";
3) real property which under the mortgage is more than five hundred thousand rubles.
11. The pledgor to the pledgee in writing request no later than three working days after submission of the claim shall furnish the pledgee documents required for bidding and transfer of mortgage to the property of the person who won the auction.
If before you implement mortgage debtor, mortgagor or a third person has fully satisfied all secured by mortgage demands of mortgagee in volume available at the time of payment of the relevant amounts, the mortgagee is not later than the working day following the day of receipt of funds at its expense, shall return to the pledgor all previously referred to it by the pledgor of the documents.
12. disposal of assets by agreement of the Parties shall also apply provisions established by paragraphs 2, 4-8 article 57 hereof.
13. the grounds, procedure and effects of the recognition of the trades failed are governed by article 58 hereof.
14. in order to implement the mortgaged property in the manner provided by this article, the pledgee shall have the right to conclude on their own behalf all the necessary and relevant to its capacity transactions (including treaties with the organizer of the auction and the appraiser), as well as to sign all necessary for realization of the pledged property documents, including acts of acceptance.
(Article in Edition by federal law N 306-FZ) Article 59-1. Leaving behind a mortgaged property

In accordance with article 1, paragraph 1-9 of this federal law and in the manner prescribed by the specified item part of mortgage agreement may establish a provision stating that the mortgagee has the right to leave the pledged property for the foreclosure of the mortgage as extra-judicial and court decision, taking into account the requirements set out in paragraphs 2 and 3 of article 55 of this federal law. (Article supplemented by federal law from 06.12.2011 N 405-FZ) Article 60. Termination of the levying of execution on the pledged property and its implementation 1. The debtor of the secured mortgage obligation and a pledgor who is a third party is entitled to terminate the levy of execution on the pledged property, granting all secured by mortgage demands of mortgagee, to the extent these requirements are at the time of payment of the relevant amounts. This right may be exercised at any time prior to the date of sale of the pledged property at a public auction, auction or tender or purchase of the property by the pledgee in accordance with the established procedure. (As amended by the Federal law of 11.02.2002 N 18-FZ)
2. The person requesting the termination of the levying of execution on the pledged property or its implementation, the pledgee is required to reimburse expenses incurred in connection with the levy of execution on this property and its implementation.
Article 61. Distribution of the amount of proceeds from the sale of mortgaged assets 1. The amount received from the sale of the mortgaged property under the mortgage, is distributed between the rankings of their claims to recover zalogoderzhateljami, other creditors of the mortgagor and the pledgor. Distribution is done the body of judgments, or, if you foreclose on the mortgaged property was drawn extrajudicially, organizer of the auction, or if there are no bids, a notary in compliance with the rules of article 319, paragraph 1 of article 334, 3 points and 4 of article 350 of the Civil Code of the Russian Federation, as well as article 46 hereof.
2. the requirements of subsequent mortgagee are satisfied from the cost of mortgage after satisfaction of the claims of previous mortgagee.
3. After the allocation of the amounts derived from the sale of the mortgaged property, between all the zalogoderzhateljami realized the mortgaged property, have proclaimed their demands to recover, in order of priority, established on the basis of the data of the uniform State registry of immovable property rights and transactions are allocated the sum of penalties and other penalties as well as damages payable to the mortgagee in accordance with the terms of the obligation secured by the mortgage obligation.
4. If the subject of the mortgage, which is levied, is a State or municipal property, the amount payable to the pledgor in the manner and sequence that is defined in the present article, shall be credited to the appropriate budget.
5. If the subject of the mortgage, which is levied, is owned by the pledgor-individual residential premises passed mortgage enforcement by the borrower-an individual obligations on repayment of the credit or loan to an acquisition of the dwelling, the obligations of the obligor who is a natural person to the creditor is the mortgagee shall be terminated when the proceeds from the sale of mortgage funds or cost of abandoned mortgagee for a mortgaged property are insufficient to meet all the monetary claims of the creditor is the mortgagee with the date of receipt of the creditor-mortgagee the insurance payments on the borrower's liability insurance contract and (or) financial risk insurance the lender. In the event of the insurer's obligations of a bankrupt borrower acceptance-the physical person to the creditor is the mortgagee shall cease as of the date of implementation of the mortgaged property and (or) abandonment mortgagee-lender mortgage for a. (As amended by the Federal law of 23.06.2014 N 169-FZ)
(Article in the Editorial Office of the Federal law dated 06 N 405-FZ), CHAP. XI. FEATURES of MORTGAGE of LAND Article 62. Plots that can be mortgaged 1. Under the mortgage can be laid out plots of land to the extent that the land under the Federal Act are not excluded from the turnover or not limited in circulation. (As amended by federal law from 05.02.2004 N 1-FZ) 1-1. If a land plot lease agreement passed by citizen or legal person, the lessee has the right to give land plot lease right of land collateral within the term of the lease of the land plot with the consent of the owner of the land.

Pledge of lease rights for the land plot located in State or municipal property, the tenant of such land is allowed within the term of the lease with the consent of the owner of the land. When renting a plot of land located in State or municipal ownership, for a period of more than five years lease rights pledge is allowed without the consent of the owner of the land plot subject to notification. (The paragraph is supplemented by federal law from 18.12.2006 y. N 232-FZ)
(Para supplemented by federal law from 05.02.2004 N 1-FZ)
2. with a total share or joint ownership of land referred to in paragraph 1 of this article, the mortgage can be installed only on my citizen or legal person land allocated in the kind of land held in common ownership or joint ownership. Article 62-1. Mortgage land, municipal property and land ownership are not clear 1. The subject of pledge under the mortgage can be Lland, which are owned by municipalities, and State property land plots which have not been demarcated if such land is intended for housing or for integrated development for housing and passed to ensure repayment of the loan provided by the credit institution for construction land data through the construction of objects of engineering infrastructure.
2. decisions to mortgage land, municipal property and referred to in paragraph 1 of this article shall be taken by the local authorities.
Decisions about the mortgage of land, public ownership are not clear, and those referred to in paragraph 1 of this article shall be adopted by the State authorities of the constituent entities of the Russian Federation or the bodies of local self-government, remit to the specified land in accordance with the legislation of the Russian Federation.
3. Organization and conducting public auction for the sale of land, referred to in paragraph 1 of the present article shall be exercised in accordance with articles 57 and 58 of this federal law in the light of the judgment of foreclosure on the land, laid under the mortgage, special conditions about limiting the number of repeated public tenders and largest decline them the initial sale price.
After the announcement of all public tenders for the sale of land, referred to in paragraph 1 of this article, failed mortgages of such land shall cease.
4. If land referred to in paragraph 1 of this article shall be implemented in accordance with paragraph 4 of article 56 of this federal law, such land is implemented in the manner prescribed by articles 39-11-39-13 of the land code of the Russian Federation, taking into account details as follows: (as amended by the Federal law of 23.06.2014 N 171-FZ), the initial selling price shall be established by a court decision on the foreclosure of the land founded under the mortgage;
the organizer of the auction is a specialized organization, chosen with the consent of the mortgagee pledgor;
the limit on the number of repeat auctions and reducing the value to them of the initial selling price shall be determined with the consent of the pledgee and the pledgor in the event of a dispute-the organizer of the auction.
After the announcement of the abortive auction or after the conclusion of the contract of sale of land, referred to in paragraph 1 of this article, with the only bidder mortgage of the land plot shall be terminated.
(Article supplemented by federal law from 18.12.2006 y. N 232-FZ) Article 63. Land not subject to mortgages 1. Mortgage land in State or municipal property, in accordance with this federal law, shall not be permitted except for the land referred to in paragraph 1 of article 62-1 hereof. (As amended by the federal laws from 05.02.2004 N 1-FZ; from 18.12.2006 y. N 232-FZ) 2. It is not permitted to mortgage part of the land plot, which is less than the minimum size established by the normative acts of the constituent entities of the Russian Federation and normative acts of local self-government bodies for the lands of various purpose and permitted use.
Article 64. Mortgage of the land on which the building or structure owned by the pledgor 1. When the mortgage of the land plot right of pledge extends also to or under construction on the land, the building or construction of the pledgor. (As amended by the Federal law of 22.12.2008 N 264-FZ; from 06.12.2011 N 405-FZ) the pledgor's right to dispose of such building or construction, the conditions and consequences of the transfer of rights to such building or structure to other persons determined by the rules of Chapter VI of the present Federal law.
(Paragraph three ineffective-the Federal law dated 06 N 405-FZ)

(Paragraph as amended by federal law from 30.12.2004 N 216-FZ)
2. (repealed-the Federal law dated 06 N 405-FZ) 3. (Repealed-the Federal law from 30.12.2004 N 216-FZ)
4. (para. supplemented by federal law from 05.02.2004 N 1-FZ; void-the Federal law dated 06 N 405-FZ) Article 64-1. Mortgage of land, purchased using credit means of the Bank or other crediting organization or trust loan 1. Unless otherwise provided by federal law or treaty, land purchased using credit means of the Bank or other crediting organization or trust loan given to another entity for the acquisition of the land plot is located in the pledge from the moment of State registration of the ownership right of the borrower to this land.
If the corresponding plot of land leased, there is a mortgage pursuant to law for the right to lease, unless otherwise stipulated in the Federal law or the lease agreement.
The mortgagee under this mortgage is Bank or other credit institution or other entity providing credit or trust loan for the purchase of land or the right to lease a land plot.
2. arising under paragraph 1 of this article, mortgage of land or the right to lease a land plot shall be applied correspondingly rules on the emerging treaty pledge of immovable property and rights to lease real estate.

3. Land acquired with the use of savings for housing troops, provided the Treaty target housing loan in accordance with the Federal law "about accumulating a mortgage system for housing military personnel, is located in the pledge from the moment of State registration of the ownership right of the borrower to this land. In the case of use of credit (loan) funds of the Bank or other organization, this plot of land is located in the pledge (mortgage) from the lender and the Russian Federation, represented by the grantor's trust housing loan for the purchase of the plot of a federal body of executive power supporting the operation of accumulating mortgage system for housing troops.
When the mortgage in order to verify the rights of the Russian Federation on the secured mortgage obligation is not issued. In case of being in the mortgage of the land plot at the same time from the lender and the Russian Federation the Russian Federation requirements shall be satisfied after satisfaction of the requirements of the lender.
(Para supplemented by federal law from 28/06/2011 N 168-FZ) (Article supplemented by federal law from 30.12.2004 N 216-FZ) Article 64-2. Mortgage of the land on which the building or structure, acquired or constructed using credit means of the Bank or other crediting organization or trust loan 1. Unless otherwise provided by federal law or treaty, the land on which using credit means of the Bank or other crediting organization or trust loan provided by another entity, is acquired, built or constructed building or construction, or the right to lease such land is considered as a pledge from the moment of State registration of the ownership right acquired, constructed or under construction building or construction. (As amended by the Federal law of 22.12.2008 N 264-FZ; from 06.12.2011 N 405-FZ) 2. Mortgagee under the mortgage specified in paragraph 1 of this article, is a bank or other credit institution or other entity providing credit or a targeted loan for the construction or acquisition of a building or structure. (As amended by the Federal law of 22.12.2008 N 264-FZ) (Article supplemented by federal law from 30.12.2004 N 216-FZ) Article 65. The erection of buildings or structures on the mortgager the mortgaged land 1. On land, established under the agreement on hypothec mortgager has a right without the consent of the pledgee in accordance with the established procedure of the building or structure unless otherwise stipulated in the agreement on mortgage. Unless otherwise stipulated in the agreement on mortgage, mortgage spreads to these buildings and structures. (As amended by the Federal law of 11.02.2002 N 18-FZ) If construction of the pledgor to the mortgaged land building or structure resulting or likely to result in the deterioration of the security provided to the mortgagee the mortgage of the land, the pledgee has the right in accordance with paragraph 2 of article 450 of the Civil Code of the Russian Federation require a change of mortgage agreement, including, if necessary, by extending mortgage on erected building or construction.
2. Construction of buildings or structures on the mortgaged land, if the pledgee's certified mortgage is only allowed if the right of the pledgor to the stipulated in the mortgage, subject to the conditions which it reflects.
Article 66. Mortgage of the land on which there

building or structure owned by a third party if a mortgage is established on a plot of land on which the building or structure owned by the pledgor, and not another person, when the mortgagee foreclosure on this site and its realization to the purchaser of the lot shall be transferred rights and obligations which that person had the pledgor as the owner of the site.
Article 67. Score plot when his mortgage 1. Score land plot is carried out in accordance with the legislation governing the assessment activities in the Russian Federation.
2. Security of land, pledged under the agreement on hypothec shall be established upon consent of the pledgor to the pledgee.
3. (repealed-the Federal law from 13.05.2008 N 66-FZ) (article as amended by the Federal law from 05.02.2004 N 1-FZ) Article 68. Features of foreclosure on pledged land and implementation 1. The land acquired in the sale at a public auction, auction or competition, subject to the requirements of a permitted use.
A person who has acquired land in the sale at a public auction, auction or competition, this may change the designation of the plot only in cases stipulated by the land legislation of the Russian Federation, or in accordance with the procedure established by this law.
2. purchase and sale at a public auction, auction or on competition laid out plots follow established federal law limits on the range of persons who may acquire such sites.
3. Not allowed enforcement of stuffy land from the agricultural land before the expiration of the relevant period of farm work, taking into account the time necessary for the realization of the produced or manufactured and processed agricultural products.
This requirement is valid until 1 November of the year in which the performance of the secured mortgage obligation or part thereof, if agreement on hypothec does not provide for a date.
(Para supplemented by federal law from 05.02.2004 N 1-FZ)
4. address of the mortgagee foreclosure on stuffy plot and its implementation are the basis for the termination of the right of enjoyment of the pledgor or any other holders of such land plot. (Para supplemented by federal law from 22.12.2008 N 264-FZ), CHAP. XII. ESPECIALLY the MORTGAGE ENTERPRISES, buildings and NON-RESIDENTIAL PREMISES (as amended by federal law from 17.07.2009 N 166-FZ) Article 69. Mortgage companies, buildings or facilities with land on which they are When mortgage enterprise as a property complex (hereinafter-the company) right of pledge extends to all the composition of assets (paragraph 2 of article 340 of the Civil Code of the Russian Federation).
Mortgage of a building or structure is permitted only with a mortgage on the same contract of the land on which the building or structure. (As amended by the federal laws on 26.06.2007. N 118-FZ; from 06.12.2011 N 405-FZ) If the pledgor owns the land on lease, with a mortgage on the land, the buildings or constructions laid down is considered the right to lease a land plot. (Part is supplemented by federal law from 06.12.2011 N 405-FZ) contingent left to right of permanent use of land on which the building or construction enterprise, the right of pledge shall not apply. When the foreclosure of the such an enterprise, building or construction, a person who acquires the property in the property, acquires the right to use the land plot under the same conditions and to the same extent as the previous owner (mortgagor) real estate.
When the mortgage premises laid out along with non-residential location are considered to be owned by any pledgor share ownership of common property in the building and share in the ownership of the land (law soarendatora of the land plot). (Part is supplemented by federal law from 06.12.2011 N 405-FZ) Article 69-1. Mortgages in buildings, structures and premises, purchased using credit means of the Bank or other crediting organization or targeted loan funds unless otherwise provided by federal law or by the credit agreement or the loan contract, building or construction with land on which they are situated, non-residential premises acquired either wholly or partly built using targeted credit funds of the Bank or other crediting organization or trust loan provided by another entity to acquire these properties are mortgaged the creditor of such obligation from the moment of State registration in the unified State Register of rights to real estate and transactions with it. (As amended by the Federal law dated 06 N 405-FZ) Zalogoderzhateljami on the mortgage are specified in part one of this article, the Bank or other credit institution or other entity.

(Article supplemented by federal law from 17.07.2009 N 166-FZ) Article 70. Mortgage enterprise as a property complex 1. Transfer of mortgage companies allowed with the consent of the owner of the property that is specific to an enterprise or his agent. The agreement on mortgage companies, concluded with violation of this claim, negligible.
2. If the subject of mortgage is a company and not otherwise stipulated in the contract, a part of the mortgaged property includes the enterprise related tangible and intangible assets, including buildings, constructions, equipment, inventory, raw materials, finished products, claims, the exclusive rights.
3. the composition of the passed in mortgage related to company property and evaluation of its cost is determined on the basis of the complete inventory of the property. Inventory, balance sheet and independent auditors ' report on the composition and value of assets belonging to the enterprise, are obligatory annexes to the Treaty on the mortgage.
In cases where an assessment is required by law, report on the evaluation of the property related to the company, is also a mandatory attachment to the contract. (The paragraph is supplemented by federal law from traffi cking N 143-FZ) Article 71. Obligations, which may be provided by mortgage enterprises 1. Mortgage companies can be secured obligation, the amount of which is not less than half the cost of the assets belonging to the enterprise.
2. Mortgage companies is ensured by a monetary obligation, subject to execution not earlier than one year after the conclusion of the contract about mortgages. In the case where a Treaty provides that a mortgage company is provided obligation with shorter performance period, the right to claim for mortgages on neispolnennomu or improperly executed the obligation occurs at the the mortgagee after one year from the date of conclusion of the contract of the mortgage.
Article 72. The right of the pledgor in respect of the mortgaged venture 1. The pledgor has the right to sell, trade, rent, lease, provide loan assets belonging to the enterprise, passed in a mortgage or otherwise dispose of the assets, as well as to make changes in the composition of the property if it does not result in the reduction specified in the contract on housing mortgage on the basis of the total cost of property related to the enterprise, and also does not violate other terms of the mortgage contract.
Without the authorization of the pledgee, the pledgor shall not be entitled to transfer the assets belonging to the enterprise, in the pledge, make deals, to alienate the immovable property related to the company, unless otherwise provided by agreement on hypothec.
2. In the event of failure by the pledgor of enterprise security measures of the mortgaged property, inefficient use of those assets, which could lead to a decrease in the value of the enterprise, the mortgagee has the right to apply to court with a demand for early discharge of obligation provided with hypothec or mortgage monitor the activities of the pledgor.
Decision of the Court the mortgagee in the manner of a mortgage can be authorized to: demand from mortgager to regularly submit bookkeeping and other accounting documents, tentatively agree on issues associated with the conclusion of transactions with related to company property;
contact the owner of the property related to the enterprise, or an authorized them authority to demand termination of the contract with the head of the enterprise;
present sue for recognition deals Pledger, null and void;
exercise other rights stipulated in mortgage supervision of the pledgor.
Article 73. Levy of execution upon mortgaged the company 1. In case of failure by the pledgor of the obligation secured by a mortgage company, foreclose on the mortgaged property may be imposed only by a court decision.
2. To the buyer who purchased at a public auction company, are related to the latter's rights and obligations of the owner of the company from the moment of State registration of ownership of acquired property.
CHAP. XIII. FEATURES of MORTGAGE of houses and APARTMENTS in Article 74. Application of the rules on mortgage residential houses and apartments 1. The rules of the present chapter shall apply to a mortgage intended for permanent residence of the individual and apartment houses and apartments owned by owned by citizens or legal persons.
2. individual Mortgages and apartment houses and flats in State or municipal ownership shall not be permitted.
3. Hotels, holiday homes, cottages, garden houses and other buildings and facilities not intended for permanent residence may be mortgaged. The rules for mortgage of residential houses and apartments do not apply to them.

4. In the case when the subject of mortgage is part of a residential building or a portion of an apartment consisting of one or several isolated rooms to such mortgage shall be applied accordingly rules of this federal law on mortgage residential houses and apartments.
5. Mortgage House or apartment owned by minors is limited viable or incapacitated persons over whom custody or guardianship are established shall be effected in the manner prescribed by the legislation of the Russian Federation for transactions with the property of the trust.
(Paragraph 6 excluded the Federal law from 11.02.2002 N 18-FZ) Article 75. Mortgage of apartments in tenement house With a mortgage of apartments in tenement apartment building, part of which, in accordance with paragraph 1 of article 290 of the Civil Code of the Russian Federation are in common shared property of the pledgor and others considered to be mortgaged along with accommodation corresponding share in the right of common ownership of the dwelling house.
Article 76. Mortgage housing starts when granting the loan or loan target for the construction of residential House agreement on hypothec could be provided to ensure the obligations of the pledgor and construction materials and equipment, which is preparing for construction. Upon completion of construction of an apartment house mortgage on him does not stop. (As amended by the federal laws from 24.12.2002 N 179-FZ; from 30.12.2004 N 216-FZ) Article 77. Mortgage of houses and apartments, acquired through a loan by a bank or other credit institution (as amended by the Federal law of 11.02.2002 N 18-FZ dated December 30, 2008) 1. Residential premises acquired or built fully or partially using credit means of the Bank or other crediting organization or trust loan given to another entity for the acquisition or construction of a dwelling, is specified in the mortgage from the moment of State registration in the unified State Register of rights to real estate and transactions with it. (As amended by the Federal law dated 06 N 405-FZ)
2. the mortgage House or apartment arising under paragraph 1 of this article shall be applied correspondingly rules on mortgage of immovable property arising by virtue of the Treaty.
3. Tutorship or guardianship is entitled to give consent to the alienation and (or) transfer of residential property mortgage, which is inhabited by persons under guardianship or trusteeship, family members of the owner of the residential premises or minors without parental care, family members of the owner (which is known of a guardianship and tutorship agency), if no rights or legitimate interests of the persons concerned.
The decision of the tutelage and guardianship authorities about consent to dispose of and/or transfer of residential property mortgage, in which the persons concerned reside, or a reasoned decision to refuse such consent must be submitted in writing to the applicant not later than 30 days after the date of filing the application with the request to give such consent.
The decision of the tutelage and guardianship authorities can be challenged in court.
(Paragraph as amended by federal law from 30.12.2004 N 216-FZ)
4. Living room (living quarters), purchased or built in whole or in part with the use of savings for housing troops, provided the Treaty target housing loan in accordance with the Federal law "about accumulating a mortgage system for housing military personnel, is located in the pledge from the moment of State registration of the ownership right of the borrower at the dwelling house or apartment. In the case of use of credit (loan) funds of the Bank or other organisation it is considered to be in the pledge (mortgage) by virtue of the law of the creditor and of the Russian Federation in the face of a federal body of executive power supporting the operation of accumulating mortgage system for housing troops, provider of target housing loan for the purchase or construction of residential premises (premises). (As amended by the Federal law of 28/06/2011 N 168-FZ; from 06.12.2011 N 405-FZ) If the mortgage in order to verify the rights of the Russian Federation on the secured mortgage obligation is not issued. In case of being in the mortgage of a residential premises (premises) at a time from the lender and the Russian Federation the Russian Federation requirements shall be satisfied after satisfaction of the requirements of the lender.
(Para supplemented by federal law from 04.12.2007. N 324-FZ) Article 77-1. Mortgage wage home 1. In the case of loan or loan for the construction of houses or to purchase the hired all premises in paid House or hired House residential building plot, which granted or intended for construction of houses or wage on which this House, or the right to lease a land plot is located in the mortgage from the moment of State registration in the unified State Register of rights to real estate and transactions with it.

2. If, in accordance with paragraph 1 of this article the land provided or intended for the construction of a salaried home, or the right to lease a land plot is mortgaged, mortgaged and is under construction (to be created) on this land hired a House. At the State registration of the ownership of the object under construction on this land is considered to be in such a pledge from the moment of State registration of ownership of it. From the date of issue in the manner prescribed by the legislation of urban planning, permission to enter built on this land hired a house in operation before the date of State registration of ownership of all premises in paid home or being hired home residential house hired a House at this land, placed in operation, is located in the pledge.
3. When State registration of ownership of all premises in paid home or being hired House residential building located on the land plot, which or whose lease is mortgaged in accordance with paragraph 1 of this article, such premises, such dwelling-house shall be deemed to be in the pledge from the moment of State registration of the right of ownership to them. Mortgage of such premises, such dwelling-house subject to state registration concurrently with State registration of ownership of them.
4. The mortgagee under the mortgage specified in paragraphs 1-3 of this article, is a bank or other organization providing credit or loan for the construction of a salaried home either on the purchase of premises in paid House is hired House residential home.
5. accommodation in paid home available for rent under a contract of lease of residential premises, a contract of lease of residential premises housing social fund use in accordance with housing legislation without the consent of the pledgee.
6. In the case of foreclosure by the Bank or other organisation providing specified in paragraph 1 of this article, the credit or loan on the land or the right to lease the land on which is located or constructed hired House, on the object under construction on this land to all the premises in such paid House is a hired House residential building to address the pledgee is effected land for sale (assignment of lease rights) , property under construction, all areas in this home, this apartment house one person with the conservation of target objects of immovable property in the manner prescribed by articles 57 and 58 of this federal law.
7. If the first public auction for the sale of the mortgaged property, referred to in paragraph 6 of this article, and in case of repeated public auctions also repeated public auction for the sale of said property declared valid enforcement proceedings on the specified mortgaged property shall be suspended pending the Executive document issued on the basis of a judicial decision referred to in paragraph 8 of this article. On suspension of execution and the grounds for his suspension of the bailiff shall notify the mortgagee. And the pledgee may not exercise the right referred to in paragraph 4 of article 58 of the present Federal law.
8. In the case referred to in paragraph 7 of this article shall be adopted by the judicial decision on the cessation of the use of objects of immovable property referred to in paragraph 6 of this article, in accordance with the stated purpose of use and termination in accordance with housing legislation restrictions (encumbrance) ownership of the premises laid out in paid home, being a hired House stuffy House, as well as conducting public auction in accordance with paragraph 9 of this article.
9. sale of the mortgaged property, as specified in paragraph 8 of this article shall be carried out at a public auction in accordance with articles 57 and 58 of this federal law. The initial selling price of the mortgaged property when its realization at a public auction is determined by a court decision based on the report, appraiser and set the market value of the mortgaged property, defined in the report of the assessor.

10. in accordance with housing legislation a decision or agreement on the granting of State, municipal and (or) other support for creation, exploitation of salaried social use specified claim support in the event of a change in the intended use of the building as an social use (Hackney House social use becomes a hired home commercial use) or cessation of use of the building as an at home before the expiry of the defined by specified decision or contract, provided the mortgage all premises in a house or a hired House social use of the dwelling house, building, operation which provided such support, land or rights under a contract of lease of the land on which is located or constructed hired House social usage, facility under construction on this land.
11. In the case of State, municipal and (or) other support for the establishment, operation and use of the social wage set forth in paragraph 1 of this article credit or loan established by paragraph 10 of this article, a claim for such support is provided by the subsequent mortgage specified in paragraph 10 of this article, the object of immovable property, rights to specified objects from the moment of occurrence of the preceding mortgages on specified objects such rights, the Bank or other organisation providing specified credit or loan.
12. If the value referred to in paragraph 10 of this article laid out objects of immovable property, rights to such objects is not enough to meet the requirements for reimbursement of State, municipal and (or) other support obligation of reparation specified support does not stop.
13. the State registration of the hypothec at law and subsequent mortgages at law in respect of immovable property, rights to these objects in the cases referred to in paragraphs 10 and 11 of this article, shall be carried out with as mortgagee or subsequent mortgagee of the executive organ of State power, local self-government bodies, a person providing State, municipal and (or) other support to create, operate, hired a House for social use.
(Article supplemented by federal law from 21.07.2014 N 217-FZ) Article 78. Foreclosure on pledged residential house or flat (as amended by the Federal law of 24.12.2002 N 179-FZ dated December 30, 2008) 1. Treatment of mortgagee foreclosure on pledged dwelling house or apartment and the implementation of the property constitute grounds for termination of the right of the mortgagor and any other persons residing in such dwelling-house or apartment, provided that such a dwelling house or apartment were laid under the mortgage or mortgage under the law in providing the loan or the loan target, provided by the Bank or other crediting organization or other legal entity for the purchase or construction of such or any other House or apartment their major repair or otherwise improve the inseparable, as well as the repayment of the loan or loan previously offered for the acquisition or construction of a residential building or apartment. (As amended by federal law from 30.12.2004 N 216-FZ) release of such House or apartment is effected in the manner laid down by federal law.
(Paragraph as amended by the Federal law of 24.12.2002 N 179-FZ)
2. Foreclosure on pledged residential house or flat is possible both judicially and extrajudicially in compliance with the rules established by chapter IX of this federal law. (As amended by the Federal law of 24.12.2002 N 179-FZ) of residential house or apartment that laid under the mortgage and are levied, are implemented through the trades carried out in the form of an open auction or competition.
(Paragraph as amended by federal law from 11.02.2002 N 18-FZ)
3. a contract of employment or contract of lease of residential premises concluded before the mortgage or with the consent of the pledgee of the mortgage after the occurrence, the dwelling remains in force. The conditions of his determined avoidance of the Civil Code of the Russian Federation and the housing legislation of the Russian Federation. (As amended by federal law from 30.12.2004 N 216-FZ), CHAPTER XIV. FINAL PROVISIONS Article 79. Enactment of this federal law 1. Enforce this federal law on the day of its official publication.
2. the rules of the law of the Russian Federation "on pledge" from the date of the enactment of this federal law shall apply to mortgage of immovable property (mortgage) only insofar as they do not contradict this federal law.

Continue to align with this federal law federal laws and other legal acts of the Russian Federation (paras. 3 and 4 of article 3 of the Civil Code of the Russian Federation) these federal laws and other legal acts of the Russian Federation shall be applied if they do not contradict this federal law.
3. The provisions of this federal law apply to the relations arising in connection with the mortgage of immovable property (mortgage) after its enactment.
On the relations that arose before the enactment of this federal law, this federal law applies to those rights and obligations that would arise after its launch.
4. invite the President of the Russian Federation to bring published legal acts in compliance with this federal law.
5. To instruct the Government of the Russian Federation: lead published legal acts in compliance with this federal law;
adopt legal acts ensuring the implementation of this federal law.
Russian President Boris Yeltsin in Moscow, the Kremlin July 16, 1998 N 102-ФЗ