On Amendments To The Federal Law "on Mortgage (Mortgage)"

Original Language Title: О внесении изменений в Федеральный закон "Об ипотеке (залоге недвижимости)"

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Russian Federation On Amendments to Federal Law "On Mortgage (Real Estate Bail)" Adopted by the State Duma on December 22, 2004 Approved by the Federation Council on December 24, 2004 01.07.2011 N 169-FZ; of 06.12.2011 N 405-FZ of 16 July 1998 N 102-FZ "Mortgage (real estate mortgage)" (Parliament) of the Russian Federation, 1998, 3400; 2001, N 46, est. 4308; 2002, N 7, sect. 629; N 52, sect. 5135; 2004, N 6, sect. 406; N 27, sect. 2711) The following changes: 1) Article 5, paragraph 1, after the words "rights to immovable property" should be supplemented with the words "and transactions with it"; 2), to supplement paragraph 6 with the following: " 6. The mortgage extends to all indistinguishes improvements to the subject of mortgages unless otherwise stipulated by the treaty or by this Federal Law. "; 3) in the second paragraph of article 9, paragraph 2, of the words" the State registration authority for the "Replace the real property" with the words "the authority exercising public registration of rights to immovable property and transactions with it (hereinafter referred to as the State registration of rights)"; (4) article 10 shall be amended to read as follows: editions: " Article 10. State Registration of a mortgage contract 1. The mortgage contract is concluded in writing and is subject to State registration. A treaty that does not contain any of the particulars referred to in article 9 of this Federal Law or breaches the rules of article 13, paragraph 4, of this Federal Act, shall not be subject to State registration as a treaty Mortgage. Failure to comply with the rules on State registration of a mortgage contract results in its invalidity. Such a treaty is considered null and void. 2. The mortgage contract is considered to be a prisoner and comes into force from the moment of its state registration. 3. When a mortgage agreement is included in a loan or other contract containing a secured mortgage, the requirements for the mortgage contract must be complied with in respect of the form and the State registration of the mortgage. 4. If the mortgage contract specifies that the rights of the holder pursuant to article 13 of this Federal Law are certified by the mortgage, the right of the holder of the contract to the public registration authority shall be submitted. mortgage. If the conclusion of the relevant treaty results in a mortgage on the basis of the law, a contract and mortgage are made in the case of the mortgage. The State registration authority makes the time and place of State registration stamped, numerals and seals the sheets in accordance with article 14, paragraph 2, paragraph 2, of this Federal Act. Law. "; 5) in article 13: (a) in the second paragraph of paragraph 5, the words" the State registration of mortgages "are replaced by the words" the authority exercising public registration of rights "; 6), paragraph 6; and 7, amend to read: " 6. The debtor of the secured mortgage bond, the mortgage holder and the legal owner of the mortgage may modify the previously established conditions of the mortgage. 7. In the conclusion of the agreement referred to in paragraph 6 of this Article and paragraph 3 of Article 36 of this Federal Law, and the transfer of the debt on the secured mortgage, the obligations in these agreements are: or changes in the content of the consignment note by the original version of the agreement and the particulars in the text of the mortgage on the agreement as an integral part of the consignment note, in accordance with the provisions of article 15, paragraph 2, of this Federal law; or the cancellation of a mortgage and at the same time Issuance of a new mortgage based on relevant changes. The State Registration of the Agreement on the Change of the Content of the Invoice must be made within one day of the applicant's application to the authority exercising state registration of rights. The State registration of such an agreement is free of charge. In the event of cancellation of the mortgage, and at the same time the issuance of a new mortgage, together with the application for changes to the records of the Single State Register of Rights to immovable property and transactions with it, shall be submitted to the authority, the State registration of rights, a new mortgage that is handed to the mortgagee in exchange for the legal possession of the mortgagee. An invalidated mortgage is stored in an archive of the authority that performs state registration of rights until the mortgage registration record is repaid. "; 6) in article 14: a) in paragraph 1: in the paragraph In the first sentence, replace the words "the State registration of mortgages" with the words "the authority exercising public registration of rights"; , in subparagraphs 2, 3 and 5, replace the word "residence" with the word "registration"; (13) should read: " 13) State registration of a mortgage referred to in article 22, paragraph 2, of this Federal Law; "; in subparagraph 14 of the phrase" the authority conducting the State registration of mortgages "shall be replaced by the words" by the authority exercising State registration of rights "; 6) in the second paragraph of paragraph 3, the words" seal of the notary "should be replaced by the words" stamp of the authority exercising State registration of rights "; 7) in article 16: (a) in paragraph 1 of the word "the authority that made the State Registration of Mortgages" be replaced by the words "organ exercising governmental registration of rights", replace the word "single" with "Single" after "immovable property" with the words "and transactions", the word "residence" should be replaced by the word "registration"; b) in paragraph 2 of the word "registration". "Single" after "Single", after "real estate" to add "and deals with"; in) in the first paragraph of paragraph 3, replace the words "the authority responsible for the State registration of mortgages" with the words "the organ carrying out the mortgage" State registration of rights "; 8) in article 17, paragraph 7 the words "the authority which has registered the State registration of mortgages" in the corresponding patchwork, replace by the words "the authority exercising state registration of rights" in the corresponding folder; 9) in article 18: (a) in the second paragraph Paragraph 1 should be replaced by the word "United", after the words "real estate", after the words "and transactions with it"; (b) in paragraph 2, replace the words "the authority that has registered the mortgage" with the words "the organ carrying out the mortgage" State registration of rights; in) in paragraph 3 of the word "The authority that has registered the State registered mortgage" shall be replaced by the words "the authority exercising public registration of rights"; 10) in article 19, paragraph 1, the word "single" shall be replaced by the word "United" after the words "the rights register". "In addition to the words"; 11) in article 20: (a) in paragraph 1: the first paragraph should read: " 1. The State registration of a mortgage arising under the mortgage contract is carried out on the basis of a joint statement by the mortgage holder and the mortgagee. State registration of a mortgage arising out of a notarized mortgage contract is made on the basis of a declaration made by a mortgage or a mortgagee. "; in the third paragraph," notarized certification " delete; b) in paragraph 3, replace the words "State registration of mortgages" with the words "State registration of rights"; in) to supplement paragraph 4-1 as follows: " 4-1. Application for State registration of a mortgage of immovable property providing the requirements constituting the mortgage, the share in the right of the total ownership of which is certified by the mortgage certificate of participation, is presented to the manager Mortgage coverage. State registration of immovable property that provides for the requirements constituting such a mortgage, other than the other necessary under the Federal Act of 11 November 2003, No. 152-FZ " On Mortgage "and Federal Act No. 122-FZ of 21 July 1997 on State registration of real property rights and transactions" appear: Federal law dated 01/07/2011 N 169-FZ ) the rules of trust for mortgage financing. "; g) in paragraph 5 of the word" authority conducting state registration of mortgages "to read" State registration authority "; (d) in paragraph 6, replace the word" single "after" immovable property "with the words" and transactions with it "; 12) in article 21: (a) in the second paragraph of paragraph 2 of the word" organ carrying out " State registration of a mortgage "to be replaced by the words" State registration of rights "; (b) in the first paragraph of paragraph 3, the words" State registration authority "shall be replaced by the words" State registration authority "; 13) in article 22: (a) In the first paragraph of paragraph 1, the word "single" should be replaced by the word "United", after the words "real estate" to be supplemented by the words "and transactions with it"; b) to supplement 1 to 1 as follows: " 1-1. At the time of the State registration of the mortgage of immovable property providing the requirements constituting the mortgage, the share in the right of the common property is certified by the mortgage certificate of participation in the Unified State Register of Rights on the basis of the mortgage. Real property and transactions with it are stated that the mortgage holders of the specified immovable property are the owners of the mortgage certificates of participation, the data of which are established on the basis of the personal accounts in the register of mortgage owners. Mortgage certificate owners ' certificates of participation and accounts Participation, as well as an individual identification number identifying the mortgage certificates of participation for which the trustee is responsible for such a mortgage. Where a mortgage is included in the mortgage settlement, the share of the mortgage certificate is certified by the mortgage certificate of participation, the requirement certified by the mortgage, the State registration of the real estate mortgage, "; in paragraph 2, the words" the authority registering the mortgage "shall be replaced by the words" the authority responsible for the registration of rights " in paragraph 2. "a body that has carried out State registration of a mortgage" Replace the words "State registration authority"; , paragraph 3, replace "State registration of mortgages" with the words "the authority exercising public registration of rights"; (d) In paragraph 4, the words "The authority that has registered a mortgage" shall be replaced by the words "The authority exercising public registration of rights" with the words "the authority that has registered the registration of a mortgage" by the words "the authority responsible for the registration of a mortgage". State registration of rights "; 14) in article 23, paragraph 2: (a) the second sentence of the first paragraph, delete; b) in the second paragraph of the second paragraph, replace "paragraph 6"; 15) in article 26: part one "State registration of rights to immovable property" should be replaced by the words "the State registration authority"; , part two, of the "State registration authority" mortgage "replace" with the words " the State registration authority "; 16) in article 27, the words" the authorities exercising public registration of rights to immovable property "shall be replaced by the words" the State registration of rights "; 17) paragraph 1 of article 28, after The words "the Authority" to be supplemented by the words "the State registration of rights" after the words "of the Russian Federation" are supplemented by the words "and article 31 of the Federal Act of 21 July 1997" On State registration of rights to immovable property. property and transactions "; 18) in article 31: a) , amend to read: " Article 31. Insurance of foreclosed property and borrower's liability for non-return of credit; b) to supplement paragraph 4 with the following: " 4. An obligor is entitled to insure the risk of its liability to the creditor for non-performance or improper fulfillment of the obligation to repay the loan. The borrower's liability insurance contract is to be concluded in favour of the lender-of-the-beneficiary (beneficiary). When the rights of the creditor are transferred to an obligation secured by the immovable property, the rights of the beneficiary are transferred to the new creditor in full. The Insurance liability of the borrower shall not exceed 20 per cent of the value of the foreclosed property. The insurance premium is paid at one time in the period established by the insurance agreement. In case of refusal of policyholder from the insurance contract, the insurance premium paid to the insurer is not subject to return. The Insurance case under the Borrower's liability insurance policy is the fact that the creditor has made a request for repayment of the loan in the absence of the proceeds from the disposal of the mortgaged property and distributed in the manner prescribed by the law on mortgages. "; 19) in the second paragraph of article 38, paragraph 1, of the word" unless it is certified "by the words" if it is not registered by the State "; 20) In the second paragraph of article 43, paragraph 1, the word "single" should be replaced by the word "single". "United", after the words "real estate" to be supplemented by the words "and transactions with it"; (21) in article 57, paragraph 8, and article 59, paragraph 3, the word "single" should be replaced by the word "Single", in addition to the words "and transactions with it"; 22) in article 64: (a) Paragraph 1 should read: " 1. If the mortgage is not otherwise provided for, the mortgage right is also extended to the building or construction of the mortgage on the land. The right of the holder to dispose of such a building or structure, the conditions and consequences of the transfer of the right to such a building or construction to other persons shall be determined by the rules of chapter VI of this Federal Act. (The paragraph 4 is no more effective-Federal Law of 06.12.2011) N 405-FZ b) (Sprag-Federal Law of 06.12.2011) N 405-FZ) in) paragraph 3 to be declared invalid; 23) to supplement articles 64 to 1 and 64 to 2 as follows: " Article 64-1. Mortgage of land purchased with the use of credit funds of the bank or other credit institution or the target loan 1. Unless otherwise provided by a federal law or by a contract, a plot of land acquired with the use of credit funds of a bank or other credit institution or means of a special loan granted by another legal person for purchase This land is considered to be on bail since the State registration of the borrower's ownership of the land. If the land area is leased, a mortgage is created under the law for rent, unless otherwise stipulated by federal law or by a lease contract. The holder of this pledge is a bank or other credit institution or another legal entity that has granted a loan or a loan for the acquisition of a plot of land or land lease rights. 2. Arising from paragraph 1 of this article, a bond of land or a lease right shall apply, respectively, to the bond of immovable property and to the lease of immovable property. Article 64-2. Mortgage of the land on which the buildings or structures are located, purchased or built with credit bank or other credit organization or Loan 1. Unless otherwise provided by a federal law or by a treaty, a plot of land on which a bank or other credit institution or a special purpose loan has been provided by another legal person for construction Buildings or structures are built or built, or the lease right of such a land is considered to be on bail from the moment of state registration of the borrower's property rights to built or built buildings, or or, from the moment of receipt by the State organ Registration of rights, notification to the mortgage holder and the holder of the credit contract (contract of the loan with a condition of target use) with the application of the specified contract. 2. The holder on bail referred to in paragraph 1 of this article is a bank or other credit institution or other legal entity providing credit or target for the construction of a building or structure. "; 24) Article 76 add the following sentence: "Upon completion of the construction of a dwelling house, the mortgage does not stop."; 25) in article 77: (a) the first paragraph 1 should read: " 1. Unless otherwise provided by a federal law or by a contract, a dwelling house or an apartment that has been acquired or constructed in whole or in part by the credit funds of a bank or other credit institution, or the means of the target loan, a person who has been granted by another legal entity for the purchase or construction of a dwelling or an apartment is considered to be on bail from the moment of state registration of the borrower's ownership of a dwelling house or apartment. "; b) paragraph 3 The following wording: " 3. The tutelage and guardianship authorities shall have the right to consent to the transfer and/or the transfer of a dwelling to a dwelling in which the members of the family of the owner of the dwelling are located or who remain under guardianship or trusteeship. In the case of minors, the family members of the owner's family (which is known to the tutelage and guardianship authorities) are not affected by the rights or interests protected by the law. The decision of the tutelage and guardianship authorities to give consent to the disposition and/or the transfer of a mortgage to a dwelling in which the persons are living, or a reasoned decision to refuse such consent, must be submitted to the applicant in the case in writing not later than 30 days after the date of application for such consent. The decision of the tutelage and guardianship authorities may be challenged in court. "; 26) in article 78: (a) the first paragraph 1 should read: " 1. The holder of the foreclosed house or apartment and the disposal of the property shall constitute grounds for termination of the right to use the mortgagee or any other person residing in such a dwelling house or apartment, provided that Such a dwelling house or apartment has been laid down under a mortgage or a mortgage contract due to the law to secure the repayment of a loan or a special loan provided by a bank or other credit institution or other legal entity to acquire or Construction of a dwelling house or apartment, capital repairs or other An indissociable improvement, as well as repayment of previously provided credit or loan for the purchase or construction of a dwelling house or apartment. "; b), paragraph 3 should read: " 3. The contract of employment or lease of a dwelling which has been entered into before the mortgage or with the consent of the mortgagee after the creation of the mortgage, the implementation of the residential premises shall remain in force. The terms of its termination are determined by the Civil Code of the Russian Federation and the housing legislation of the Russian Federation. ". President of the Russian Federation Vladimir Putin President of the Russian Federation, the Kremlin 30 December 2004 N 216-FZ