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Act (1994:448) If A Pledge Letter Records

Original Language Title: Lag (1994:448) om pantbrevsregister

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Introductory provisions



section 1 of the State land survey authority shall maintain a special

Register of such encumbrances in immovable property or leasehold

for which issued a written pledge letters

(pledge letter registers).



Of Chapter 6. section 1 of the land code follows that registration of a

mortgage pledge letter registry means that a lien

is issued. Law (2008:546).



section 2 of the Pledge letter the register shall be kept with the help of automated

treatment. Lag (2003:257).



paragraph 3 of the Pledge letter register may be used for the following purposes



1. for registration of mortgage and pledge letter holders according to

This law,



2. as a basis for decisions that may be notified pursuant to this Act;

and



3. as a basis for notifications to registered

pledge letter holder and those under paragraph 4 shall be considered as

pledge letter holders on



(a) the General contents of the register) and real estate

the register part,



b) ratable values, and others at the property taxation set

data,



c) real estate owners and tomträttshavares mail addresses.

Lag (2003:257).



General rules for registration



section 4 to a mortgage shall be entered in the

pledge letter the register required to be maintained

Real Estate Register register part and that the request for

registration is made in accordance with section 5 or 6.



A statement of pledge letter register if a mortgage may be subject

with an indication of who has the right to rule over the registration

(pledge letter holder). Only he who has a permit under

section 14 may register as a pledge letter executives. If the registry is not

contains no indication of pledge letter holder, the

last granted the title deed of the property is considered

pledge letter executives. Terms of the mortgage of leasehold shall in

According to the real estate Register register part is

tomträttshavare is considered as a pledge letter executives.



If a mortgage has been subject to a decision of Exchange under

22. section 8 of the land code, the provisions of this law concerning

mortgage rather than apply through the Exchange decided

pledge letters. Lag (2003:257).



Registration of new mortgages



5 § On request of anyone who submits an application for mortgage to

the registration authority shall state cadastral

Enter a task on the mortgage, if granted, in

pledge letter registry. If the applicant so requests, to the State

surveying authority while bringing in a statement

pledge letter executives.



The provisions of the first subparagraph shall also apply in the context of

applications for such encumbrance measures referred to in Chapter 22.

7-9 and 11 of the land code. Law (2008:546).



The registration of previously granted mortgages



section 6, at the request of the holder of a written pledge letter will

the State surveying authority shall enter a record of the

mortgage that meets the mortgage deed of pledge letter registry. If

applicant so requests, the authority shall at the same time bring in a

a statement of pledge letter executives.



A mortgage may be introduced in the pledge letter the registry as

the provisions of the first subparagraph only where the written

the mortgage deed has been submitted to the State

the cadastral authority. In connection with the introduction of the register shall

the mortgage deed be destroyed.



The provisions of the second subparagraph shall not apply to mortgages referred to in

22. the second sentence of paragraph 5 (b) the land code.



In the case of mortgages granted before 1 January

in 1972, the provisions of this clause if the Lien also

such mortgage documents referred to in section 24 of the Act (1970:995)

on the introduction of the new land code. Such an Act, however,

not be destroyed if the bear the endorsement that it does not

longer entail any right of the mortgaged property.

Law (2008:546).



Registration of pledge letter holder



section 7 if the pledge letter the register does not contain any indication of the

pledge letter executives, should the State surveying authority on

the request of the person under paragraph 4 shall be deemed to be a pledge letter holder

Enter a task on the pledge letter holder in the register.

Law (2008:546).



Cancellation or change of pledge letter holder



7 a § On request of the person registered as the pledge letter holder

should the State cadastral delete task if

pledge letter holder from the pledge letter registry.



If the applicant so requests, the authority shall, in the context of an action

in accordance with the first paragraph, insert a new task if the pledge letter holder

in the registry. Law (2008:546).



Cancellation of mortgage, etc.



section 8 at the request of the person registered as the pledge letter holder

or that according to paragraph 4 shall be deemed to be a pledge letter holder, the

State cadastral authority shall issue a written pledge letters

responding to the mortgage. The State land survey authority

shall also issue a written pledge letter, if

The Swedish Enforcement Administration has seized the mortgage deed in the committed

the property's owner and request a written pledge letter will

is issued. In connection with the written pledge letter issued

should the mortgage be removed from the pledge letter registry.

Law (2008:546).



§ 9 About a mortgage, which is inserted into the pledge letter register, killed

or becomes ineffective, the State land survey authority

take away the mortgage from the registry. If a mortgage is without

effect only in part, or become the subject of an action

referred to in Chapter 22. 7-9 or 11 of the land code, the task of

This inserted in the pledge letter registry. Law (2008:546).



Barriers to unsubscribing



section 10 upon request by the person registered as the pledge letter holder

or that according to paragraph 4 shall be deemed to be a pledge letter holder, the

State cadastral authority may decide that the mortgage not

may be removed from the register pursuant to section 8 of the pledge letter.



A decision referred to in the first subparagraph shall apply until

Registration Agency has completed a case under Chapter 22.

7-11 of the land code. If the pledge letter holder requests it, the

State cadastral rescind the decision even before that.

Law (2008:546).



11 § on request of enforcement authority to the State

surveying authority may decide that such registration

as indicated in paragraphs 7 and 8 may not be taken. Such a decision shall apply

until such time as otherwise designated. Law (2008:546).



Consent to certain registration steps



11 a § if an application for registration or an application for enrollment

the acquisition of the leasehold has been declared dormant, receives a request

According to section 7, 8 or 10 from that under paragraph 4 shall be considered as

pledge letter holder is granted only if the applicant

land registry case has consented to the operation.

Lag (2003:257).



Corrigendum to:



section 12 of a task in the pledge register shall be notified about the letter, the task

contains a manifest irregularity due to the

State cadastral authority or someone else has made

responsible for typographical, clerical error or similar oversight

or as a result of a technical error. The one whose right is affected

shall be given an opportunity to be heard. Law (2008:546).



Retention of deleted data



paragraph 13 of the Tasks that have been removed from the pledge letter the registry as

7-9 sections shall be kept for at least 10 years.



Permission to register as a pledge letter holder



section 14 authorized to become registered as a pledge letter holder is notified

by the State surveying authority.



Upon the granting of permits, the authority shall take particular account of the



1. that the applicant has access to the technical equipment and

the technical expertise required for the pledge letter system

function,



2. that there are satisfactory arrangements for the payment of

stamp duty, registration fees, and fees

and



3. that the applicant otherwise meets the requirements of fitness

that should be addressed with regard to the pledge letter of Justice

and function. Law (2008:546).



section 15 permit referred to in section 14 shall be withdrawn if the

the licensee no longer meets the requirements laid down in

paragraph.



When a decision on the revocation of a licence has become final

force, should the State cadastral voluntarily take

the measures referred to in section 8, unless there is an obstacle

against this as 10 or 11. Law (2008:546).



Pledge letter holders ' rights and obligations



section 16 of the person registered as the pledge letter holder or as

According to paragraph 4 shall be deemed to be a pledge letter holder has the rights

and obligations that come with the possession of a written

pledge letter. Lag (2003:257).



Filing of applications etc.



section 17 applications for actions referred to in 6-8 and 10 sections,

consents referred to in paragraph 11 (a) and requests for

disclosure of information in the register by the pledge letter that has

a permit under section 14 is submitted to the State

surveying authority through an electronic document or

any other way with the help of automated processing.



Applications for the measures referred to in paragraphs 8 and 11, of

Enforcement authority is provided in using the automated

treatment.



The Government or, by authority of the Government, the State

surveying the authority may provide for other than

the who has a permit under section 14 must submit applications;

concessions and representations referred to in the first subparagraph

through an electronic document.



With an electronic document means a fixation with content

and exhibitors can be verified by a specific technical

procedure.



The Government or, by authority of the Government, the State

surveying the authority may provide for the technical

procedure. Law (2008:546).



The collection of data to the registry



section 18 in connection with the registration action under 5-10 sections, the

State cadastral download data on mortgage

and if the title deed and registration of acquisition of leasehold from

Real Estate Register register part with help of automated

treatment. Law (2008:546).



Direct access




section 19 of The which has a permit under section 14 must have

direct access to the pledge letter registry. Such direct access may

However, does not refer to a statement of the registered pledge letter executives other than

If



1. the licensee is registered as a pledge letter holder for

the mortgage, or



2. the relevant pledge letter holder has admitted it.



Even land registry Department, enforcement authority, and

surveying authorities may have direct access to

pledge letter registry. Such direct access may not refer to task

If the registered pledge letter holder, unless a pledge letter holder has

admitted it. team (2008:1078).



19 a of The who have been granted the title deed on a property may

have direct access to such data in the pledge letter the register as

relates to mortgages on the property. If the property is granted

with leasehold, under the real estate register

the register part is tomträttshavare to have such direct access.

Law (2006:143).



Appeal



section 20 of the State surveying authority's decision under this

law may be appealed to the administrative court.



Leave to appeal is required for an appeal to the administrative court.

Law (2008:1078).



Power of Attorney



20 a of the matters under this Act need agents do not show up

written authorization other than if the State

surveying authority considers that it is necessary. Law (2008:546).



Damages



section 21 of The inflicted damage through incorrect or misleading

task in the pledge letter or otherwise, through errors in

connection with the organizing or keeping of the register has the right

to compensation from the State, if it does not appear that the fallacy

due to a circumstance outside the State

surveying authority's control, the consequences of not

reasonably have avoided or overcome.



The compensation referred to in the first subparagraph may be placed after the fairness

down or fall off, if the negligence on the victim's side has

contributed to the damage. Law (2008:546).



Transitional provisions



2003:257



1. this law shall enter into force on 1 July 2003.



2. as soon as the law is in force, the data in

pledge letter register if the Nls is pledge letter holder

be removed from the registry.



2008:1078



1. this law shall enter into force on 1 January 2009.



2. Older provisions apply in the case of claims for

certiorari on appeal against judgements and decisions

granted prior to the entry into force.