Russian Federation On introducing changes and additions to the Federal Law "On mortgage (real estate mortgage)" Adopted by the State Duma on January 23, 2002 Approved by the Federation Council on 30 January 2002 (In the wording of the Federal Law 01.07.2011 N 169-FZ Article 1. To the Federal Law of 16 July 1998 N 102-FZ "On Mortgage (Bail of Real Estate)" (Russian Federation Legislation Assembly, 1998, Art. 3400; 2001, N 46, est. 4308) the following changes and additions: 1. Article 1, paragraph 2, should be inserted after the words "the circumstances indicated therein" by the words "(hereinafter referred to as" the "mortgage by law)". 2. In article 5, paragraph 2, the words "in accordance with the law of the Russian Federation," shall be replaced by the words "in accordance with the requirements of the legislation of the Russian Federation,". 3. Article 9, paragraph 6, should be supplemented with the words ", except in cases of mortgage on mortgages due to law". 4. Article 11 should read as follows: " Article 11. Mortgage arose as a charge 1. The State registration of the mortgage contract is the basis for the introduction into the Unified State Register of rights to immovable property and transactions with the mortgage. State registration of a contract giving rise to a mortgage due to the law is the basis for the introduction of rights to immovable property and transactions with it on the creation of a mortgage due to the law in the Unified State Register. The payment for the registration of a mortgage on a single state register of real estate rights is not charged. 2. Mortgage is an encummoment under the mortgage contract since the contract was concluded. A hypothème mortgage on the use of a mortgage law arises from the moment of the state registration of ownership of the property, unless otherwise stipulated by the contract. 3. The mortgagee's rights under this Federal Law and the mortgage contract (the right of deposit) are deemed to have arisen from the moment the mortgage record was introduced into the Unified State Register of Real Estate Rights and Transactions, Unless otherwise specified by federal law. If the mortgage liability arose after the introduction of the Single State Register of Real Estate Rights and Mortgage Transactions, the rights of the mortgagee arose from the time the obligation arose. The rights of the mortgagee (right of pledge) are not subject to State registration. ". 5. In article 13: paragraph 1 is supplemented with the following paragraph: " The mortgage may be certified by a mortgage holder's rights under the law and by the secured mortgage, unless otherwise established by this Federal Law. "; , paragraph 2, amend to read: " 2. The mortgage is a security sheet that validates the following rights of its legitimate owner: The right to be executed on the money obligation, the secured mortgage, without any other proof of that obligations; collateral for mortgages. ". 6. In article 14: , paragraph 1: Paragraph 1, after the word "Invoice", add "at the time it is issued to the original mortgagee by the public mortgage registration authority,"; sub-paragraph 13 after the words "a mortgage contract", add "except in cases of mortgage on mortgages due to the law,"; sub-paragraph 14 is amended to read as follows: " In the event of a mortgage on the mortgage under the law including in the consignment note the data referred to in paragraph 10 of this paragraph, is provided by the body carrying out state registration of mortgages. The order in which this data is included in the consignment note is defined in article 22 of this Federal Law. "; , in the first paragraph of paragraph 3, the words" for transmission or partial performance of a secured mortgage obligation " should be replaced In the words "to mark the new owners and partial performance of the secured mortgage or other necessary information". 7. In article 16, paragraph 3, the words "transmission to the applicant's name" shall be replaced by the words "transfer of the right of the consignment note and the value of the consignment note". 8. In article 17: paragraph 1 should be supplemented with the words "or is not placed with the transfer to the mortgagee"; in paragraph 2 of the phrase " provide the debtor with an opportunity to make a stamp on the performance of the relevant part of the obligation or to certify its execution in a manner other than that sufficient for the mortgagee and the probable subsequent owners of the mortgage "shall be replaced by the words" with the words " to ensure that it is partially executed in a manner sufficient to the testator and the obvious for possible subsequent owners of the mortgage, including the application of the relevant financial instruments or the performance of the mortgage on the partial performance of the obligation "; paragraph 3, shall be supplemented with the words", except as provided for in article 48, paragraph 2, of this Federal Law "; Paragraph 6 should be supplemented with a new paragraph by the fourth paragraph reading: "the debtor on the grounds referred to in article 48, paragraph 2 of this Federal Act is partially recognized by the obligation.". 9. In the second paragraph of article 18, paragraph 1, the words "all transfer signs committed on the lost mortgage" were replaced by the words "the legality of the recovered rights of the lost mortgage". 10. In article 20: paragraphs 1 and 2, amend to read: " 1. The State registration of a mortgage arising under a mortgage contract is made on the basis of a statement by the mortgage holder or the mortgagee. For state registration of a mortgage arising under a mortgage contract, it must be submitted: a notarized mortgage contract and a copy thereof; documents referenced in the mortgage contract Quality of applications; document on payment of state registration; other documents necessary for state registration of mortgage under the laws of the Russian Federation on state registration of rights for real estate and transactions with him. 2. Mortgage law is subject to state registration. State registration of a mortgage under the law is carried out by the institution of justice without a separate statement and without payment of state registration. State mortgage registration under the law is carried out at the same time as the state registration of the property rights of the person whose rights are acquired by mortgages. The rights of the mortgagee by law may be certified by a mortgage. "; first paragraph of paragraph 3 should read: " 3. If the rights of the mortgagee are certified by the mortgage, the authority responsible for the State registration of the mortgage shall, at the same time as the documents referred to in paragraph 1 of this article, also appear: "; to supplement the new paragraph 4 , to read: " 4. State registration of the change of the mortgagee as a result of assignment of rights on the principal obligation or under a mortgage contract is carried out on the joint statement of the former and the new mortgagee. For the state registration of a change of changer, the holder must be represented: contract of assignment; the payment of state registration; (Paragraph 10 of the seventeenth paragraph) Federal Law of 1 July 2011 N 169-FZ) paragraphs 4-6 are to be read as paragraphs 5 to 7 respectively. 11. In article 22: , in paragraph 2, the word "containing" should be replaced by the words " and in the case of state registration of a mortgage on the basis of the law, on a document that is the basis for the creation of the property of the mortgagee on the property to be encumbered Mortgage. The inscription should contain "; paragraphs 3 and 4 should be redrafted to read: " 3. If the rights of the mortgagee are certified by the mortgage, the authority responsible for the State registration of the mortgage is required to ensure that the particulars referred to in paragraph 2 of this article are available at the time of issue of the mortgage, as well as in subparagraphs 10 and 13. Article 14, paragraph 1, of this Federal Act. 4. The body that has registered the state registration of mortgages leaves a copy of the mortgage contract in its archive, and a copy of the document, which is the basis for the creation of the property of the mortgagee, in the state registration of a mortgage on the law. on the property of the mortgage. If the rights of the mortgagee are certified by the mortgage, the authority that issued the State mortgage registration shall also leave a copy of the mortgage in its file with the annexes. ". 12. Article 23, paragraph 2, add a paragraph reading: " In cases where, after the State registration of a mortgage under the law, the mortgage holder and the mortgagee entered into a mortgage contract in the previous registration record the appropriate changes are made. ". 13. Article 44, paragraph 3, should be supplemented with the words "unless otherwise provided for by a previous mortgage". 14. Paragraph 2 of article 46, after the words "at the same time, may" be supplemented by the words "requiring the early fulfilment of the secured mortgage obligation and". 15. In article 47: , amend the name to read: " Article 47. Assignment of rights under a mortgage or secured mortgage "; paragraphs 1 to 4 should read: " 1. The holder is entitled, unless the contract otherwise provides, to transfer his or her rights to another person: under the mortgage contract; under the secured mortgage obligation (the main obligation). 2. The person to whom the rights under the mortgage contract are transferred becomes the place of the former mortgagee under this contract. If not proven otherwise, assignment of rights under a mortgage contract means the assignment of rights on a secured mortgage (a core obligation). 3. Unless the treaty otherwise provides, the person to whom the rights of the obligation (the core obligation) is transferred shall be transferred and the rights that ensure the performance of the obligation. This person becomes the former mortgage holder for the mortgage contract. The assignment of rights on the secured mortgage obligation (the main obligation) under Article 389, paragraph 1, of the Civil Code of the Russian Federation shall be made in the form in which the secured mortgage is concluded obligation (s). 4. The rules of Articles 382, 384-386, 388 and 390 of the Civil Code of the Russian Federation on the transfer of the rights of the creditor by assignment of a claim shall apply to the relationship between a person who is inferior to that of the rights holder. " In article 48: paragraph 1, amend to read: " 1. The transfer of mortgage rights is done through a simple written transaction. The transfer of the rights of a mortgage entails the effects of assignment of requirements (concessions). When you transfer the mortgage rights, the grantor makes a mortgage on the new owner. In the check box, the name (s) of the person to whom the rights of the mortgage are transferred and the basis of the transfer shall be clearly and fully specified. The label must be signed by the mortgagee, and if this label is not the first-owner of the invoice specified in the previous check mark. "; in paragraph 2: the words" rights of the secured person ". Mortgage Lomortgage "be replaced by the words" all the rights in aggregate "; to be supplemented with the following paragraph: " Unless otherwise specified in the transaction referred to in paragraph 1 of this article, in the transfer of rights by Mortgage with partial performance of the secured mortgage obligations) those obligations which were to be performed prior to the transfer of the rights of the consignment note are deemed to have been fulfilled. "; in paragraph 3 of the word" at the last gear ratio and on a continuous series of previous markings " "Replace the words" with the words "in the case of the transfer of the rights of the consignment note and the last entry on the mortgage made by the previous owner.". 17. In article 49: , in paragraph 1, the words "by means of its transfer" should be replaced by the words "a mortgage contract without transfer or transfer of it"; paragraphs 2 and 3, amend to read: " 2. In the case of a mortgagee without passing it to the mortgagee, the foreclosing order is regulated by article 349 of the Civil Code of the Russian Federation. 3. When the mortgage contract is concluded with the transfer of its mortgagee, the parties are entitled to provide: 1) the application of the foreclosed property in accordance with the procedure established by article 349 of the Civil Code of the Russian Federation; (2) the transfer of mortgage rights in order, under conditions and with the consequences provided for in article 48 of this Federal Law; 3) by the mortgage holder's mortgage on a special mortgage inscription, entityholder to mortgages after a certain period of time to sell a mortgage to keep the amount of money secured by the bail obligation. ". 18. In article 54, paragraph 3: , in the first paragraph of "Upon request", replace "By application"; sixth after the words "secured mortgages" should be added with the words "to the extent that they have at the time of satisfying the requirement". 19. In article 55, paragraph 3, subparagraph 3, the words "in one of the ways indicated" should be replaced by the words "in the order established". 20. In article 56: , amend the title to read: " Article 56. Realization of the foreclosed property "; in paragraph 2: in the first paragraph of the first word," by auction ", replace by" in the manner provided for in article 59 of this Federal Law "; in the second paragraph of the paragraph "by way of sale at auction" shall be replaced by the words "in the manner provided for in article 59 of this Federal Law,". 21. In article 57: , after "public tender", add "by court order"; in paragraph 3 of the word "not later than a month" should be replaced with the words "not later than 30 days but not earlier than 60 days"; Item 5 is supplemented by the words "as well as for subsequent mortgage holders". 22. The title of article 59 should read as follows: " Article 59. { \cs6\f1\cf6\lang1024 } Implement { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } } In article 60, paragraph 1, the words "failure to comply with the grounds for the recovery of property" should be deleted. 24. The second sentence of the first paragraph of article 65, paragraph 1, should read: "Unless otherwise provided for by a mortgage contract, mortgages will apply to these buildings and structures.". 25. Article 74, paragraph 6, shall be deleted. 26. In article 77: , in the name of the word "purchased", replace the word "purchased"; in paragraph 1: the first paragraph should read: " 1. Unless otherwise provided by a federal law or by a contract, a dwelling house or an apartment purchased or built using the credit funds of a bank or other credit institution shall be deemed to have been on bail since the State Registration of the borrower's ownership of a dwelling house or apartment. "; , in the second paragraph of the word" buy ", replace the words" acquisition or construction "; add paragraph 3 as follows: " 3. The tutelage and guardianship authorities have the right to grant consent (permission) to the legal representatives of minors, incapacitated or limited effective members of the family of the owner of the dwelling in which the persons concerned are residing, to alienate and (or) In the case of a mortgage on this dwelling, if the guardianship authorities do not have grounds for recognizing that the rights or interests of minors, incapacitated or limited dispositive persons are violated. The decision of the tutelage and guardianship authorities to give consent (permission) for the alienation and/or the mortgage of a dwelling which is inhabited by minors, incapacitated or limited effective members of the owner's family, must be submitted to the applicant in writing not later than 30 calendar days from the date of application for such consent (s). The refusal to give consent (permission) for the alienation and (or) transfer to a mortgage of a dwelling in which the minor, incapacitated or limited dispositive members of the owner's family live, must be motivated. The applicant has the right to challenge the decision of the tutelage and guardianship authorities in court. ". 27. Article 78, paragraphs 1 and 2, should read: " 1. The application by the holder of the recovery of the foreclosable apartment or apartment and the disposal of the property shall constitute grounds for termination of the right of use of cohaveers residing in the dwelling or apartment of the mortgagee and members of his family, provided that that the dwelling house or apartment was mortgaged to a mortgage agreement to ensure the return of credit funds granted for the purchase or construction of this house or apartment. 2. Recourse to foreclosed apartment building or apartment is possible both in court and in court, in accordance with the rules established by chapter IX of this Federal Law. The residential house or apartment that is mortgaged under the mortgage contract and is subject to punishment, is sold through the sale of tenders held in the form of an open auction or competition. ". Article 2. This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 11 February 2002 N 18-FZ