Draft Civil Code on Mortgage Loans. federal mortgage law

Federal Law No. 102 on mortgages is a fundamental document in this area. In addition to it, the areas of legal relations in matters of mortgage regulate:

• Housing Code of the Russian Federation;
• Federal Law No. 122 “On state registration of rights to real estate and transactions with it”;
• Federal Law No. 218 “On credit histories”;
• as well as others legislative acts Governments and self-government bodies of each separate region.

Mortgage law: basic provision

The Federal Law of the Russian Federation “On Mortgage (Pledge of Real Estate)” No. 102 dated September 16, 1998, like any other legislative act, has its own characteristics, including establishing the rights and obligations for participants in legal relations in this area, and also gives a clear definition the concept of mortgage. In accordance with the legislative act, a mortgage is one of the forms of pledge when the pledged property remains in the ownership of the debtor, but at the same time the creditor has the right to acquire the right to it and receive satisfaction through its sale if the debtor does not fulfill the obligations assigned to him.

Important! The concept of "mortgage" should be distinguished from the concept of "mortgage lending", since in the latter case a loan is issued by the bank directly against the security of property, which is the guarantor of the return of the loan. That is, a mortgage loan is one component of the main mortgage system.

The main provision of the Law on Mortgage, Articles 1-8, establishes the grounds for the emergence of a mortgage, obligations and requirements for its security, a list of property that may be the subject of a mortgage and the right to return it under the relevant agreement. So, according to the norms of Article 5 of the law, the subject of mortgage can be real estate, specified in paragraph 1 of Art. 130 of the Civil Code of the Russian Federation, including:

• land plot(exceptions are listed in article 63 of the Mortgage Law);
• dachas garden plots and houses, garages;
• air and sea vessels;
• Living spaces;
• enterprises, buildings and other property used in business activities.

Important! The absence of state registration of ownership of a separate land plot cannot be an obstacle to obtaining a mortgage.

The same article establishes that the subject of mortgage cannot be a part of property that is not subject to division in kind without changing its purpose.

Rules for concluding a mortgage agreement

According to article 8 of the law, a mortgage agreement is concluded according to the rules civil law. The content of the agreement is fixed in paragraphs of Article 9, so the document must necessarily indicate the subject of the mortgage, its assessment, the term and amount of the fulfillment of the obligation, which is subject to mortgage security. The subject is defined by indicating its full name (ie house, apartment, land, building, etc.), location and description, which will be sufficient to identify it. Property valuation takes place in accordance with Russian legislation by agreement of the parties to the contract, obligatory observance the requirements of Article 67 of the law, if we are talking about the land. In the mortgage agreement, the obligation must be named, indicating the exact amount and the reason for its occurrence, as well as the deadline for its execution. If the amount of security is to be determined in the future, a note is made in the contract on the procedure and other conditions for its determination.

Important! In the mortgage agreement, when fulfilling obligations in installments, the terms and frequency of payments, and their amounts, must be prescribed.

State registration of mortgage

Chapter 4 of the Mortgage Law establishes the grounds for and procedure for state registration of mortgage transactions. Article 19 fixes that the mortgage is subject to compulsory registration in the USRR in the manner prescribed by the law on state registration of rights to real estate. The procedure for registering a mortgage is established by Article 20 of the Federal Law, from which it follows:

1. registration arises by virtue of a mortgage agreement and is carried out on the basis of an application of the pledgee and the pledgor, drawn up jointly;
2. a mortgage must be registered within 1 month from the date of submission of all necessary documents for its registration to the relevant authorities, within 15 days in the case of buildings, structures, land and non-residential premises, within 5 days in relation to the mortgage of residential premises.
3. mortgage registration occurs by making a mortgage registration entry in the Unified State Register of Rights;
4. The date of registration is the day the registration is made.

Denial of state registration of a mortgage occurs if there are grounds provided for by the Federal Law on State Registration of Rights to Real Estate, unless otherwise provided for in the Law on Mortgage. A reasoned refusal to register must be sent to the pledgor within the period established for its registration. It is not allowed to suspend or terminate the registration of a mortgage at the request of one of the parties to the transaction; it may be suspended for no more than a month if:

• all the documents necessary for state registration of the right have not been submitted to the authorities;
• the mortgage agreement, mortgage or other documents attached to the application contain inconsistencies with the requirements of the current legislation of the Russian Federation;
• there is a need to verify the authenticity of the submitted documents.

If, during the suspension of registration, the participants in the transaction did not comply with the requirements of the authorities to eliminate the identified shortcomings in set time, the state registration of mortgages should be denied.

Features of the mortgage of residential buildings and apartments

It should be noted that the rules of Chapter 8 of the Mortgage Law apply only to residential premises owned by individuals and legal entities by right of ownership, mortgage of residential premises owned by municipal and state property is not allowed. Article 77 of the law defines the rules for the mortgage of residential premises at the expense of banks and other credit organizations, which today is hot topic. The article establishes that a dwelling, fully or partially built, as well as purchased at the expense of a credit institution, is subject to registration of a pledge on it from the moment of state registration of the mortgage, respectively, the pledge rules arising by virtue of the contract are applied to the pledge. When transferring a residential property to a mortgage, it is necessary to obtain consent from the guardianship and guardianship authorities if the family members of the owner are minors, incapacitated or other persons under guardianship and guardianship. The authorities have the right to issue consent to the alienation of real estate, only if the rights and interests of these persons are not affected. The decision is issued within 30 days and can be challenged in court. In case of mortgage of residential premises at the expense of funds of credit institutions, a full package of documents is provided, the list of which is regulated by this law in terms of real estate. The list of documents for the borrower is formed by the credit institution. We considered the basic points related to the registration of a mortgage in the territory Russian Federation. FROM full version legislative document you can read yourself.

1. A mortgage agreement is concluded in writing by drawing up one document signed by the parties and is subject to state registration.
(as amended by Federal Law No. 405-FZ of 06.12.2011)
An agreement that does not contain any data specified in this Federal Law or violates the rules of Article 13 of this Federal Law is not subject to state registration as a mortgage agreement.
Failure to comply with the rules on state registration of a mortgage agreement shall entail its invalidity. Such an agreement is considered null and void.
2. The mortgage agreement is considered concluded and comes into force from the moment of its state registration.
3. When a mortgage agreement is included in a loan or other agreement containing an obligation secured by a mortgage, the requirements established for a mortgage agreement must be observed with respect to the form and state registration of this agreement.
4. If it is specified in the mortgage agreement that the rights of the mortgagee in accordance with this Federal Law are certified by a mortgage bond, the mortgage bond shall be submitted to the body that carries out the state registration of rights together with such an agreement. If the conclusion of the relevant agreement entails the emergence of a mortgage by virtue of law, in the case of drawing up a mortgage bond, the relevant agreement and the mortgage bond shall be presented. The body carrying out the state registration of rights shall mark the date and place of the state registration of such an agreement on the mortgage bond, number and seal the pages of the mortgage bond in accordance with paragraph two of Article 14 of this Federal Law.
(as amended by Federal Law No. 264-FZ of December 22, 2008)
If the agreement, on the basis of which the mortgage bond was drawn up and issued, indicates that from the date of issuance to the mortgagee by the body carrying out state registration of rights, the mortgage agreement and the agreement, the obligation from which is secured by mortgage, terminate, all relations between the pledgor, the debtor and mortgagee are governed by this mortgage.
(as amended by Federal Law No. 264-FZ of December 22, 2008)
5. State registration of a mortgage agreement concluded to secure the repayment of a credit or loan granted to repay a previously granted credit or loan for the purchase or construction of a residential house or apartment, and the issuance of a mortgage, if its issuance is provided for by this mortgage agreement, may be carried out simultaneously with repayment of the mortgage and cancellation of the mortgage that was issued to secure the previously granted credit or loan, subject to the submission of such a mortgage to the body that carries out the state registration of rights.
(as amended by Federal Law No. 264-FZ of December 22, 2008)
6. In the event that the parties have notarized the mortgage agreement or the agreement entailing the emergence of a mortgage by virtue of law, for the purposes of entering the relevant information into the Unified State Register rights to real estate and transactions with it, the applicant submits to the body that carries out state registration of rights, a notarized copy of such an agreement.
If, upon the occurrence of the circumstances specified in this clause, the parties, one party to the mortgage agreement or the agreement entailing the emergence of a mortgage by virtue of law, notarized copies of such agreements are not submitted to the body that carries out state registration of rights, the condition contained in such agreements on the possibility of circulation extrajudicial recovery of pledged property is not applied.
(as amended by the Federal Law

Mortgage tax

Notarial certification of transactions

Mortgage penalty limit

Mortgage is one of the types of long-term lending in a bank. With this loan, you can purchase residential and non-residential properties. The state carefully monitors the activities of creditors in the field of real estate, therefore, mortgages are regulated by the Federal Law "On Mortgage (Pledge of Real Estate)" No. 102-FZ. Often this law is finalized, it is amended. In addition, the tax legislation and the rules of the State Registration of real estate are changing. Special programs are being created for certain categories of citizens and lending conditions are being supplemented. Therefore, so that you know what to look for when obtaining a mortgage in 2016, we will tell you about the most important changes in the mortgage law and related amendments in other areas.

Mortgage tax deduction. One of the first innovations in 2016 was that since January 1, 2016, the rules for taxation of personal income received from the sale of real estate have changed. Previously, when purchasing real estate as a property, you did not pay tax on its subsequent sale if it was owned by you for more than three years. Now the minimum period of ownership of real estate in which the seller is not taxed upon sale is 5 years. This change applies only to real estate purchased from January 01, 2016.

But there are exceptions. Property that was received into ownership by inheritance, a donation agreement from close relatives, as well as as a result of the transfer of property to the payer on rent or under a life maintenance agreement with a dependent - for these cases, the period of ownership of real estate, after which no tax will be paid on the sale of property is , as before, only 3 years.

How does this change affect the mortgage market? First of all, this makes it difficult to choose an apartment, because many sellers do not want to pay tax and will wait for the expiration of the specified period or ask you to pay the tax amount separately to the cost of the apartment. And if a new building is being sold with a fresh certificate of ownership, then the total waiting time for the seller will become even longer. After all, at first he waited a year or two for the construction of the house, and now another five years from the date of registration of the right.

Previously, it was possible to avoid tax by “lowering” the value of real estate in the contract of sale. Now it's impossible.

Tax on the sale of real estate in 2016 is now calculated either from the contract price or from the cadastral value of the object (with a reduction factor), depending on which price is higher. Especially for these purposes, a state cadastral valuation was carried out and it is almost equal to the market value of real estate.

If the amount in the contract is more than the cadastral value, then the tax will be 13% minus 1,000,000 rubles (tax deduction) or minus the costs of the previous transaction at the choice of the seller. For example:

The cost in the DKP is 5,000,000 rubles and it is higher than the cadastral value.
The tax is calculated:
1. From 5.000.000 minus 1.000.000 (tax deduction) = 4.000.0000.
The tax will be 13% of 4,000,000, that is, 520,000 rubles.
2. If the apartment was purchased, say, for 3.500.000 rubles before, then:
From 5.000.000 minus 3.500.000 (previous expense) = 1.500.000
The tax will be 13% of 1,500,000, that is, 195,000 rubles.

If in the contract you specify an amount less than the value of the property according to cadastral extract, then the tax will be calculated from the cadastral value multiplied by a reduction factor of 0.7. The tax will be 13% minus 1,000,000 rubles (tax deduction) or minus the costs of the previous transaction at the choice of the seller. For example:

The cost in the DCT is 1,000,000 rubles, and it is lower than the cadastral value (understatement).
The cadastral value is 6,000,000 rubles.
1. The tax is calculated from 6.000.000 times 0.7 = 4.200.000
Minus tax deduction 1.000.000 = 3.200.000
The tax will be 13% of 3.200.000, that is, 416.000 rubles.
2. If the apartment was purchased earlier, say for 3.500.000 rubles, then:
The tax is calculated from 6.000.000 times 0.7 = 4.200.000
4.200.000 minus 3.500.000 (previous expense) = 700.000
The tax will be 13% of 700,000 rubles, that is, 91,000 rubles.

In fact, the tax calculates the amount of 70% of the cadastral value of housing, and also allows you to use 1,000,000 rubles of tax deduction or deduct previous expenses. Therefore, at the moment it makes no sense to indicate the value in the contract of sale less than 70% of the cadastral value.

Limiting mortgage defaults. Another important change in the mortgage law was adopted in June 2016 State Duma law on limiting the maximum amount of penalties under mortgage agreements, in case the terms of the agreement are violated. Now the amount of the penalty under the mortgage loan agreement will not have to exceed the key rate set by the Central Bank of Russia on the day the loan agreement is concluded. If interest is not accrued under the loan agreement, then the amount of the penalty should not exceed 0.6% of the amount of overdue debt for each day of violation of the terms of the loan agreement. Previously, banks themselves set the amount of the penalty and it happened that people who got into a difficult situation ended up owing the bank amounts much higher than the original loan and interest on it.

Notarial certification of real estate transactions. In 2016, a law also came into force that all transactions for the alienation of real estate in common ownership are subject to notarization. Federal Law 172 regulates the notarization of all transactions with real estate shares, even if all real estate owners are participants in the transaction. This service from a notary is not cheap, its cost consists of a set percentage of the sale price of real estate, plus a set tariff and related costs.
That is, if you have more than one seller, but several (husband and wife, relatives, etc.), then it is no longer possible to conclude a sales contract in a simple written form in a bank. Be sure to go to a notary and conduct a transaction with him in his form. Of course, this negatively affects the mortgage market. Firstly, it lengthens the term for entering a trade. Not every notary has the authority to certify such a transaction, this can only be done by a notary territorially fixed at the address of the property. First you need to find it and make an appointment. Next, the bank and the notary need to agree on an acceptable form of the contract so that the wishes of the bank, notary, seller and buyer are taken into account. And it usually also takes several days. Secondly, these are additional costs (about 25,000 rubles), which are likely to fall on the shoulders of the buyer, because. sellers operate on the principle of "you buy - you pay."

Military mortgages will not show up on your credit history. In the summer of 2016, the Ministry of Defense prepared a legislative initiative stating that data on military personnel who have issued a “Military Mortgage” should be removed from credit history. This legislative initiative was caused by the fact that military personnel do not participate in the payment of the loan, since Rosvoenipoteka does it for them. If this bill is passed, then data on the "Military Mortgage" will no longer be transferred to credit bureaus. If this information has already been entered into the credit history, then any soldier will be able to write an application demanding that the military mortgage be excluded from it.
These changes in mortgage legislation and related areas affect the mortgage lending market both positively and negatively. Some of them may still undergo improvements and become better. One way or another, all of them should be considered when applying for a mortgage. We hope that our article on changes in the law on mortgages in 2016 will help you in this.

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT MORTGAGE (REAL ESTATE Pledge)

(as amended by the Federal Laws of 09.11.2001 N 143-FZ,
dated 11.02.2002 N 18-FZ, dated 24.12.2002 N 179-FZ)

Chapter I. MAIN PROVISIONS

Article 1. Grounds for the emergence of mortgage and its regulation

1. Under an agreement on pledge of immovable property (mortgage agreement), one party - the pledgee, who is a creditor under an obligation secured by a mortgage, has the right to receive satisfaction of his monetary claims against the debtor under this obligation from the value of the pledged immovable property of the other party - the pledgor, predominantly over others creditors of the mortgagor, with the exceptions established by federal law.
The pledgor may be the debtor under an obligation secured by a mortgage, or a person not participating in this obligation (a third party).
The property on which a mortgage has been established shall remain with the pledgor in his possession and use.

2. To a pledge of immovable property arising on the basis of a federal law upon the occurrence of the circumstances specified therein (hereinafter referred to as a mortgage by force of law), the rules on a pledge arising by virtue of a mortgage agreement shall be applied accordingly, unless otherwise established by federal law.

3. The general rules on pledge contained in the Civil Code of the Russian Federation shall apply to relations under a mortgage agreement in cases where other rules are not established by the said Code or this Federal Law.

4. Pledge of land plots, enterprises, buildings, structures, apartments and other immovable property may arise only insofar as their turnover is permitted by federal laws.

Article 2. Obligation secured by a mortgage

A mortgage may be established as security for an obligation under a loan agreement, under a loan agreement or other obligation, including an obligation based on the purchase and sale, lease, contract, other agreement, causing harm, unless otherwise provided by federal law.
Obligations secured by a mortgage are subject to accounting by the creditor and the debtor, if they are legal entities, in accordance with the procedure established by the legislation of the Russian Federation on accounting.

ConsultantPlus: note.
The fundamentals of accounting regulation in the Russian Federation are established by Federal Law No. 129-FZ of November 21, 1996 "On Accounting". In accordance with Article 1 of the Law, the objects of accounting are the property of organizations, their obligations and business transactions carried out by organizations in the course of their activities.

Article 3. Claims secured by mortgage

1. A mortgage secures the payment to the mortgagee of the principal amount of the debt under a loan agreement or other obligation secured by a mortgage in full or in part provided for by the mortgage agreement.
A mortgage established to secure the performance of a loan agreement or a loan agreement with the condition of payment of interest also ensures the payment to the creditor (lender) of the interest due to him for the use of the loan (borrowed funds).

Unless otherwise provided by the agreement, the mortgage also ensures the payment to the pledgee of the amounts due to him:
1) in compensation for losses and / or as a penalty (fine, penalty fee) due to non-performance, delay in performance or other improper performance of an obligation secured by a mortgage;
2) in the form of interest for the unlawful use of other people's funds, provided for by an obligation secured by a mortgage or by federal law;
3) in compensation for court costs and other expenses caused by foreclosure on pledged property;
4) in reimbursement of expenses for the sale of the pledged property.

2. Unless otherwise provided by the agreement, the mortgage secures the pledgee's claims to the extent that they have by the time they are satisfied at the expense of the pledged property.

3. If the mortgage agreement specifies the total fixed amount of the mortgagee's claims secured by the mortgage, the debtor's obligations to the mortgagee in excess of this amount shall not be considered secured by the mortgage, with the exception of claims based on subparagraphs 3 and 4 of paragraph 1 of this Article or on Article 4 of this Federal Law.

Article 4 additional costs mortgagee

In cases where the pledgee, in accordance with the terms of the mortgage agreement or due to the need to ensure the preservation of the property pledged under this agreement, is forced to bear the costs of its maintenance and / or protection or to pay off the debt of the pledger for taxes, fees or utilities related to this property payments, compensation to the pledgee of such necessary expenses is provided at the expense of the pledged property.

Article 5. Property that may be the subject of mortgage

1. Under a mortgage agreement, real estate specified in paragraph 1 of Article 130 of the Civil Code of the Russian Federation, the rights to which are registered in accordance with the procedure established for state registration of rights to real estate, including:
1) land plots, with the exception of land plots specified in Article 63 of this Federal Law;
2) enterprises, as well as buildings, structures and other immovable property used in business activities;
3) residential buildings, apartments and parts residential buildings and apartments, consisting of one or more isolated rooms;
4) cottages, garden houses, garages and other consumer buildings;
5) air and sea vessels, inland navigation vessels and space objects.
Buildings, including residential houses and other structures, and structures directly connected with land, may be subject to mortgage, subject to the rules of Article 69 of this Federal Law.

2. The rules of this Federal Law shall apply to the pledge of real estate construction in progress being built on a land plot in accordance with the requirements of the legislation of the Russian Federation, including buildings and structures, subject to the rules of Article 69 of this Federal Law.

3. Unless otherwise provided by the agreement, the thing that is the subject of mortgage is considered to be pledged together with accessories (Article 135 of the Civil Code of the Russian Federation) as a whole.

4. Part of the property, the division of which in kind is impossible without changing its purpose (an indivisible thing), cannot be an independent subject of mortgage.

5. The rules on the mortgage of immovable property shall accordingly apply to the pledge of the tenant's rights under a lease agreement for such property (the right to lease), unless otherwise established by federal law and does not contradict the essence of the lease relationship.

Article 6. The right to pledge property under a mortgage agreement

1. A mortgage may be established on the property specified in Article 5 of this Federal Law, which belongs to the pledgor by the right of ownership or by the right of economic management.

2. Mortgage of property withdrawn from circulation, property on which execution cannot be levied in accordance with federal law, as well as property in respect of which mandatory privatization is provided for in accordance with the procedure established by federal law, or the privatization of which is prohibited, is not allowed.

3. If the subject of mortgage is property, the alienation of which requires the consent or permission of another person or body, the same consent or permission is required for the mortgage of this property.
Decisions on the pledge of immovable property that is state-owned and not secured by the right of economic management are taken by the Government of the Russian Federation or the government (administration) of a constituent entity of the Russian Federation.

4. The right to lease may be subject to mortgage with the consent of the lessor, unless otherwise provided by federal law or the lease agreement. In the cases provided for by paragraph 3 of Article 335 of the Civil Code of the Russian Federation, the consent of the owner of the leased property or the person having the right of economic management is also required.

5. Pledge of immovable property is not a basis for releasing a person who acted as a pledgor under a mortgage agreement from fulfilling the conditions on which he participated in an investment (commercial) tender, auction or otherwise in the process of privatization of property that is the subject of this pledge.

Article 7. Mortgage of property in common ownership

1. A mortgage may be established on property that is in common joint ownership (without determining the share of each of the owners in the right of ownership), with the consent of all owners. Consent must be given in writing, unless otherwise provided by federal law.

2. A participant in common shared ownership may pledge his share in the right to common property without the consent of other owners.
If, at the request of the pledgee, foreclosure is applied to this share during its sale, the rules of Articles 250 and 255 of the Civil Code of the Russian Federation on the pre-emptive right of purchase owned by other owners and on foreclosure on a share in the right of common ownership are applied, except for cases of foreclosure on a share in the right of ownership of the common property of a residential building (Article 290 of the Civil Code of the Russian Federation) in connection with foreclosure on an apartment in this building.

Chapter II. CONCLUSION OF A MORTGAGE AGREEMENT

Article 8. General Rules for Concluding a Mortgage Agreement

The mortgage agreement is concluded in compliance with general rules of the Civil Code of the Russian Federation on the conclusion of contracts, as well as the provisions of this Federal Law.

Article 9. Content of the mortgage agreement

1. The mortgage agreement must specify the subject of the mortgage, its valuation, the nature, amount and term of performance of the obligation secured by the mortgage.

2. The subject of mortgage is determined in the agreement by indicating its name, location and a description sufficient to identify this subject.
The mortgage agreement must specify the right by virtue of which the property that is the subject of mortgage belongs to the pledgor, and the name of the body for state registration of rights to immovable property that registered this right of the pledgor.
If the subject of mortgage is the right of lease belonging to the pledgor, the leased property must be defined in the mortgage agreement in the same way as if it were itself the subject of mortgage, and the term of the lease must be indicated.

3. The valuation of the subject of mortgage is determined in accordance with the legislation of the Russian Federation by agreement between the pledgor and the mortgagee, subject to the requirements of Article 67 of this Federal Law when mortgaged land, and is indicated in the mortgage agreement in monetary terms.
When state and municipal property is mortgaged, its appraisal is carried out in accordance with the requirements established by federal law, or in the manner determined by it.
The paragraph is excluded. - Federal Law of November 9, 2001 N 143-FZ.
In the case of a pledge of immovable property not completed by construction, which is in state or municipal ownership, an assessment of the market value of this property is carried out.
(paragraph introduced by Federal Law No. 143-FZ of November 9, 2001)

4. An obligation secured by a mortgage must be named in the mortgage agreement with an indication of its amount, the grounds for the occurrence and the term for fulfillment. In cases where this obligation is based on any contract, the parties to this contract, the date and place of its conclusion must be indicated. If the amount of the obligation secured by the mortgage is to be determined in the future, the mortgage agreement must specify the procedure and other the necessary conditions its definitions.

5. If an obligation secured by a mortgage is subject to performance in installments, the mortgage agreement must specify the terms (periodicity) of the relevant payments and their amounts, or conditions that make it possible to determine these amounts.

6. If the mortgagee's rights in accordance with Article 13 of this Federal Law are certified by a mortgage, this shall be indicated in the mortgage agreement, except for the cases when the mortgage is issued by virtue of law.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

Article 10

1. A mortgage agreement must be notarized and subject to state registration.
An agreement that does not contain any of the data specified in Article 9 of this Federal Law or violates the rules of paragraph 4 of Article 13 of this Federal Law is not subject to notarization and state registration as a mortgage agreement.
Failure to comply with the rules on notarization and state registration of a mortgage agreement shall entail its invalidity. Such an agreement is considered null and void.

2. The mortgage agreement is considered concluded and comes into force from the moment of its state registration.

3. When a mortgage agreement is included in a loan or other agreement containing an obligation secured by a mortgage, the requirements established for a mortgage agreement must be observed with respect to the form and state registration of this agreement.

4. If it is specified in the mortgage agreement that the rights of the mortgagee in accordance with Article 13 of this Federal Law are certified by a mortgage bond, the mortgage bond shall be presented to the notary together with such agreement. The notary makes a mark on the mortgage bond about the time and place of the notarization of the mortgage agreement, numbers and seals the pages of the mortgage bond in accordance with part two of paragraph 3 of Article 14 of this Federal Law.

Article 11

(as amended by Federal Law No. 18-FZ of February 11, 2002)

1. State registration of a mortgage agreement is the basis for making an entry on mortgage in the Unified State Register of Rights to Real Estate and Transactions Therewith.
The state registration of an agreement that entails the emergence of a mortgage by virtue of law is the basis for making an entry in the Unified State Register of Rights to Real Estate and transactions with it about the occurrence of a mortgage by virtue of the law.
No fee is charged for making an entry on the encumbrance of immovable property with a mortgage in the Unified State Register of Rights to Real Estate and Transactions Therewith.

2. Mortgage as an encumbrance of property pledged under a mortgage agreement arises from the moment of conclusion of this agreement.
In the case of a mortgage by virtue of law, a mortgage as an encumbrance of property arises from the moment of state registration of the right of ownership to this property, unless otherwise established by the agreement.

3. The rights of the pledgee (right of pledge) to property provided for by this Federal Law and the mortgage agreement shall be deemed to have arisen from the moment the mortgage entry is made in the Unified State Register of Rights to Real Estate and Transactions Therewith, unless otherwise established by federal law. If an obligation secured by a mortgage arose after an entry on the mortgage was made in the Unified State Register of Rights to Real Estate and transactions with it, the rights of the pledgee arise from the moment this obligation arises.
The rights of the pledgee (the right of pledge) to the pledged property are not subject to state registration.

Article 12

When concluding a mortgage agreement, the mortgagor is obliged to warn the mortgagee in writing about all the rights of third parties to the subject of mortgage known to him at the time of state registration of the agreement (rights of pledge, life use, lease, servitudes and other rights). Failure to fulfill this obligation gives the pledgee the right to demand early performance of the obligation secured by the mortgage or amendment of the terms of the mortgage agreement.

Chapter III. MORTGAGE

Article 13

1. The rights of a mortgagee under a mortgage-secured obligation and under a mortgage agreement may be certified by a mortgage bond, unless otherwise established by this Federal Law.
A mortgage bond may certify the rights of a mortgagee under a mortgage by virtue of law and under an obligation secured by this mortgage, unless otherwise established by this Federal Law.

2. A mortgage bond is a registered security certifying the following rights of its legal owner:
the right to receive performance under a monetary obligation secured by a mortgage, without presenting other evidence of the existence of this obligation;
the right to pledge property encumbered with a mortgage.

3. Persons liable under the mortgage shall be the debtor under the obligation secured by mortgage and the pledgor.

4. Drawing up and issuance of a mortgage bond shall not be allowed if:
1) the subject of mortgage is:
enterprise as a property complex;
land plots from the composition of agricultural land to which this Federal Law applies;
the woods;
the right to lease the property listed in this subparagraph;
2) the mortgage secures a monetary obligation, the amount of debt for which is not determined at the time of the conclusion of the contract and which does not contain conditions that make it possible to determine this amount at the appropriate time.
In the cases provided for by this paragraph, the terms of the mortgage in the mortgage agreement are invalid.

5. The mortgage bond is drawn up by the pledgor, and if he is a third party, also by the debtor under the obligation secured by the mortgage.
The mortgage bond is issued to the initial mortgagee by the body carrying out the state registration of the mortgage after the state registration of the mortgage.
The transfer of rights under a mortgage bond and the pledge of a mortgage bond shall be carried out in accordance with the procedure established by Articles 48 and 49 of this Federal Law.

6. In case of partial fulfillment of an obligation secured by a mortgage, the debtor under it, the pledgor and the legal owner of the mortgage bond shall have the right to conclude an agreement providing for:
such a change in the subject of mortgage, in which a part of the property previously pledged under this mortgage agreement is recognized as pledged, if the specified part of the property can be independent object rights;
such a change in the amount of security, in which the amount of claims arising from a loan or other agreement and secured under this mortgage agreement increases or decreases in comparison with that which was previously secured by mortgage.
This agreement must be notarized.

7. When concluding the agreements specified in Clause 6 of this Article and Clause 3 of Article 36 of this Federal Law, and transferring the debt under a mortgage-secured obligation, these agreements provide for:
or making changes to the content of the mortgage bond by attaching to it a notarized copy of this agreement and indicating the agreement as a document that is an integral part of the mortgage bond in the text of the mortgage bond itself in accordance with the rules of part two of Article 15 of this Federal Law;
or the annulment of the mortgage bond and the simultaneous issuance of a new mortgage bond drawn up taking into account the relevant changes.
In the latter case, simultaneously with the application for making changes to the data of the unified state register of rights to real estate, the pledgor transfers to the body that carried out the state registration of the mortgage a new mortgage, which is handed over to the mortgagee in exchange for the mortgage that is in his legal possession.
The canceled mortgage bond shall be stored in the archives of the body that carried out the state registration of the mortgage until the mortgage registration record is cancelled.

Article 14

1. At the time of its issuance to the initial mortgagee by the body carrying out the state registration of the mortgage, the mortgage must contain:
(as amended by Federal Law No. 18-FZ of February 11, 2002)
1) the word "mortgage" included in the title of the document;
2) the name of the pledgor and indication of his place of residence or his name and indication of the location, if the pledgor is a legal entity;
3) the name of the original pledgee and indication of his place of residence or his name and indication of the location, if the pledgee is a legal entity;
4) the name of the loan agreement or other monetary obligation, the fulfillment of which is secured by a mortgage, indicating the date and place of conclusion of such an agreement or the grounds for the occurrence of an obligation secured by a mortgage;
5) the name of the debtor under the obligation secured by mortgage, if the debtor is not a pledgor, and an indication of the place of residence of the debtor or his name and location, if the debtor is a legal entity;
6) an indication of the amount of the obligation secured by the mortgage and the amount of interest, if they are payable on this obligation, or conditions that allow determining this amount and interest at the appropriate time;
7) an indication of the deadline for payment of the amount of the obligation secured by the mortgage, and if this amount is payable in installments, the timing (periodicity) of the relevant payments and the amount of each of them or the conditions that make it possible to determine these terms and amounts of payments (debt repayment plan);
8) the name and description sufficient for identification of the property on which the mortgage is established, and an indication of the location of such property;
9) the monetary valuation of the property on which the mortgage has been established, and in cases where the establishment of the mortgage is mandatory by virtue of law, the monetary valuation of the property, confirmed by the opinion of the appraiser;
(clause 9 as amended by the Federal Law of November 9, 2001 N 143-FZ)
10) the name of the right by virtue of which the property that is the subject of mortgage belongs to the pledger, and the name of the body that registered this right, indicating the number, date and place of state registration, and if the subject of mortgage is the leasehold right belonging to the pledger - the exact name of the property that is the subject lease, in accordance with subparagraph 8 of this paragraph and the duration of this right;
11) an indication that the property that is the subject of mortgage is encumbered with the right of life use, lease, easement, other right or is not encumbered with any of the rights of third parties subject to state registration at the time of state registration of the mortgage;
12) the signature of the pledgor, and if he is a third party, also of the debtor under the obligation secured by mortgage;
13) information about the time and place of the notarization of the mortgage agreement, except for cases where a mortgage bond is issued by virtue of law, as well as information on the state registration of the mortgage provided for by Clause 2 of Article 22 of this Federal Law;
(as amended by Federal Law No. 18-FZ of February 11, 2002)
14) indication of the date of issuance of the mortgage bond to the initial pledgee. In the case of issuing a mortgage bond under a mortgage by virtue of law, the inclusion in the mortgage of the data specified in subparagraph 10 of this paragraph shall be ensured by the body that carries out the state registration of the mortgage. The procedure for including these data in the mortgage bond is determined by Article 22 of this Federal Law.
(as amended by Federal Law No. 18-FZ of February 11, 2002)
A document called a "mortgage bond" that nonetheless lacks any of the information referred to in subparagraphs 1 to 14 of this paragraph is not a mortgage bond and is not subject to issue to the original pledgee.

2. By agreement between the pledgor and the pledgee, the mortgage may also include data and conditions not provided for by paragraph 1 of this article.

3. If there is not enough space on the mortgage bond itself for making notes about the new owners and partial fulfillment of the obligation secured by the mortgage or recording other necessary information, an additional sheet is attached to the mortgage bond, the inscriptions and marks on which are made in such a way that they begin on the mortgage bond and end on this sheet.
(as amended by Federal Law No. 18-FZ of February 11, 2002)
All sheets of the mortgage form a single whole. They must be numbered and sealed by a notary. Separate sheets of a mortgage bond may not be the subject of transactions.

4. If the mortgage agreement does not comply with the mortgage agreement or the agreement, the obligation of which is secured by the mortgage, the content of the mortgage bond is considered correct if its acquirer did not know and should not have known about such a discrepancy at the time of the transaction. This rule does not apply to cases where the owner of the mortgage bond is the original mortgagee.
The lawful owner of the mortgage bond has the right to demand the elimination of the specified discrepancy by canceling the mortgage bond in his possession and simultaneously issuing a new mortgage bond, if the demand was filed immediately after the lawful owner of the mortgage bond became aware of such discrepancy.
The originator of the mortgage bond shall be liable for losses incurred in connection with the specified discrepancy and its elimination.

Article 15

The mortgage bond may be accompanied by documents that determine the terms of the mortgage or are necessary for the mortgagee to exercise his rights under the mortgage.
If the documents attached to the mortgage bond are not named in it with such a degree of accuracy that is sufficient for their identification, and the mortgage bond does not say that such documents are an integral part of it, such documents are not binding for persons to whom the rights under the mortgage bond have been transferred as a result of its sale, pledge or otherwise.

Article 16

1. Any legal holder of a mortgage bond shall have the right to demand that the body that carried out the state registration of the mortgage register it in the unified state register of rights to immovable property as a mortgagee, indicating his name and place of residence, and if the holder of the mortgage bond is a legal entity, his name and location .

2. A debtor under an obligation secured by a mortgage, who has received from the legal owner of the mortgage bond a written notice of the registration of the latter in the unified state register of rights to real estate with a duly certified extract from this register, is obliged to make interim payments on the said obligation, without requiring each time to present him with a mortgage bond . Such obligation of the debtor terminates upon receipt of written notice from that or another legal holder of the mortgage bond of the assignment of rights under the mortgage bond.

3. A registration entry about the legal owner of the mortgage must be made within one day from the moment the applicant applies to the body that carried out the state registration of the mortgage, upon presentation of the mortgage on the basis of:
the transfer of the right under the mortgage bond made in accordance with this Federal Law and made on the mortgage mark, if the person who made such an inscription was the legal owner of the mortgage bond or the mortgagee of the mortgage bond, in whose name a special mortgage transfer inscription was made and who sold the mortgage bond after the period specified in it ( article 49, paragraph 4);
(as amended by Federal Law No. 18-FZ of February 11, 2002)
documents confirming the transfer of rights under the mortgage to other persons as a result of the reorganization of a legal entity or by way of inheritance;
court decision on the recognition of rights under the mortgage for the applicant.

Article 17

1. When exercising his rights provided for by federal law or an agreement, the owner of the mortgage bond shall be obliged to present the mortgage bond to that obligated person (debtor or pledgor) in respect of whom the relevant right is exercised, at his request, unless, when the mortgage bond is pledged, it is deposited with a notary or not pledged with its transfer to the mortgagee of the mortgage.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

2. Upon fulfillment of an obligation secured by a mortgage, the pledgee shall be obliged to transfer the mortgage bond to the pledgor in full, and in cases where the obligation is discharged in parts, to certify its partial fulfillment in a manner sufficient for the pledger and obvious to possible subsequent holders of the mortgage bond, including by attaching the relevant financial documents or making a mortgage entry on the partial fulfillment of the obligation.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

3. The fact that the mortgage bond is held by the mortgagee or the absence of a mark or otherwise certificate on it of partial fulfillment of the obligation secured by mortgage indicates, unless otherwise proven, that this obligation or, accordingly, part of it has not been fulfilled, except for the case specified in paragraph 2 of Article 48 of this Federal Law .
(as amended by Federal Law No. 18-FZ of February 11, 2002)

4. The debtor under a mortgage-secured obligation repays his debt in full or in part by properly fulfilling his obligations under the mortgage in accordance with the debt repayment plan to its legal owner or to a person authorized in writing by the legal owner of the mortgage to exercise rights under it.

5. If the mortgage bond is transferred to a notary's deposit when pledged, the mortgage debtor under the mortgage-secured obligation fulfills his obligation by paying the debt to the notary's deposit.

6. A person liable under a mortgage bond shall have the right to refuse the bearer of the mortgage bond to exercise his rights under the mortgage bond in cases where:
the court accepted for consideration a claim to invalidate the assignment of rights under this mortgage bond or to apply the consequences of the invalidity of this transaction;
the presented mortgage bond is invalid in connection with its loss by the legal owner and the issuance of a duplicate of the mortgage bond (Article 18) or in connection with a violation of the procedure for issuing a mortgage bond or its duplicate, for which the persons liable under them are not responsible;
the debtor, on the grounds specified in paragraph 2 of Article 48 of this Federal Law, is recognized as having partially fulfilled the obligation.
(the paragraph was introduced by Federal Law No. 18-FZ of February 11, 2002)
A person obligated under a mortgage bond shall not have the right to raise any objections not based on the mortgage bond against the claims of the lawful owner of the mortgage bond regarding the exercise of rights under it.

7. The presence of a mortgage bond with any of the persons liable under it or with the body that carried out the state registration of the mortgage indicates, unless otherwise proven or established by this Federal Law, that the obligation secured by the mortgage has been fulfilled. The person in whose possession the mortgage bond turns out to be is obliged to immediately notify other persons from among the above mentioned about it.
In cases where, in accordance with this Federal Law, the mortgage bond is canceled, the body that carried out the state registration of the mortgage, immediately upon receipt of the mortgage bond, shall cancel it by stamping "redeemed" on the front side or in any other way that does not allow the possibility of its circulation, with the exception of physical destruction mortgage.

Article 18. Restoration of rights under the lost mortgage

1. Restoration of rights under a lost mortgage bond shall be carried out by the pledgor, and if he is a third party, also by the debtor under the obligation secured by mortgage on the basis of:
statements addressed to them by a person listed in the unified state register of rights to real estate as a pledgee, if, according to the data entered in the specified register in accordance with Article 16 of this Federal Law, it is possible to establish the legality of the rights being restored under the lost mortgage;
(as amended by Federal Law No. 18-FZ of February 11, 2002)
a court decision issued on the basis of the results of consideration in the order of special proceedings of the case on the establishment of facts having legal significance, in accordance with the procedural legislation of the Russian Federation.

2. The mortgagor, and if he is a third party, also the debtor under the obligation secured by mortgage, shall be obliged to the minimum possible dates draw up a duplicate of the mortgage with a mark on it "duplicate" and transfer it to the body that carried out the state registration of the mortgage.

3. A duplicate of the mortgage bond is issued by the body that carried out the state registration of the mortgage by handing it over to the person who has lost the mortgage.

4. The duplicate mortgage must fully correspond to the lost mortgage.
The originator of the mortgage bond duplicate shall be liable for losses incurred due to non-conformity of the mortgage bond duplicate with the lost mortgage bond. Persons liable under a mortgage bond shall not have the right to refuse the lawful owner of a duplicate of the mortgage bond to exercise rights under it in connection with the indicated discrepancy, if they are responsible for it.

Chapter IV. STATE REGISTRATION OF MORTGAGES

Article 19

1. A mortgage is subject to state registration by institutions of justice in the unified state register of rights to real estate in the manner established by the federal law on state registration of rights to real estate and transactions with it.

2. State registration of a mortgage is carried out at the location of the property that is the subject of the mortgage.

Article 20

1. State registration of a mortgage arising by virtue of a mortgage agreement shall be carried out on the basis of an application by the mortgagor or mortgagee.
For state registration of a mortgage arising by virtue of a mortgage agreement, the following must be submitted:
a notarized mortgage agreement and its copy;
documents specified in the mortgage agreement as attachments;

other documents required for state registration of a mortgage in accordance with the legislation of the Russian Federation on state registration of rights to real estate and transactions with it.

2. Mortgage by virtue of law is subject to state registration. The state registration of a mortgage by virtue of law is carried out by an institution of justice without submitting a separate application and without paying for state registration.
The state registration of a mortgage by virtue of law is carried out simultaneously with the state registration of the property right of a person whose rights are encumbered by a mortgage. The rights of a mortgagee under a mortgage may be certified by a mortgage by virtue of law.
(Clause 2 as amended by Federal Law No. 18-FZ of February 11, 2002)

3. If the rights of the mortgagee are certified by a mortgage, the following shall also be submitted to the body carrying out the state registration of the mortgage, along with the documents specified in paragraph 1 of this article:
(as amended by Federal Law No. 18-FZ of February 11, 2002)
a mortgage bond, the content of which must meet the requirements of paragraph 1 of Article 14 of this Federal Law, with the exception of the requirement regarding the date of issue of the mortgage bond and information on the state registration of the mortgage, and a copy thereof;
documents named in the mortgage as attachments, and their copies.

4. State registration of the change of the pledgee as a result of the assignment of rights under the main obligation or under the mortgage agreement is carried out upon a joint application of the former and new pledgees. For state registration of a change of pledgee, the following must be submitted:
assignment agreement;
document on payment for state registration;
previously registered mortgage agreement.
(Clause 4 was introduced by Federal Law No. 18-FZ of February 11, 2002)

5. A mortgage must be registered within one month from the date of receipt of the documents necessary for its registration by the body that carries out the state registration of mortgages.

6. State registration of a mortgage is carried out by making a registration entry on the mortgage in the unified state register of rights to real estate.
The date of state registration of a mortgage is the day the registration entry on the mortgage is made in the unified state register of rights to real estate. Registration entries in the unified state register of rights to real estate are made in the order determined on the basis of the dates of receipt of all necessary documents by the body maintaining the said register.

7. For third parties, a mortgage is considered to have arisen from the moment of its state registration.

Article 21

1. State registration of a mortgage may be refused in the cases provided for by the federal law on state registration of rights to real estate and transactions with it.

2. The state registration of a mortgage may be delayed for no more than one month if:
failure to submit any of the documents specified in paragraphs 2 and 3 of Article 20 of this Federal Law to the body responsible for the state registration of mortgages;
non-compliance of the mortgage agreement, the mortgage bond and the documents attached to them with the requirements stipulated by the legislation of the Russian Federation;
the need to verify the authenticity of the submitted documents.

3. When making a decision to postpone the state registration of a mortgage, the body carrying out its state registration requests Required documents or requires the elimination of identified inconsistencies.
If the requirements of the specified body are not fulfilled within the period established by it, the state registration of the mortgage must be denied.

4. If there is a court dispute over the rights to the property that is the subject of mortgage, or regarding the foreclosure on it, the state registration of the mortgage shall be postponed until the dispute is resolved by the court.

5. A reasoned refusal to state registration of a mortgage must be sent to the mortgagor within the period established for its state registration.

Article 22

1. A mortgage registration entry in the unified state register of rights to immovable property must contain information about the initial pledgee, the subject of mortgage and the amount of the obligation secured by it. If the mortgage agreement provides that the mortgagee's rights are evidenced by a mortgage, this is also indicated in the mortgage record.
These data are entered in the mortgage registration record on the basis of the mortgage agreement.

2. The state registration of a mortgage is certified by an inscription on the mortgage agreement, and in the case of state registration of a mortgage by virtue of law - on a document that is the basis for the emergence of the pledgor's ownership of the property burdened by the mortgage. The inscription must contain the full name of the body that registered the mortgage, the date, place of state registration of the mortgage and the number under which it was registered. This data is certified by the signature official and are sealed with the seal of the body that carried out the state registration of the mortgage.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

3. If the mortgagee's rights are certified by a mortgage bond, the body that carried out the state registration of the mortgage must ensure that, by the time the mortgage bond is issued, it contains the information provided for by Clause 2 of this Article, as well as Subclauses 10 and 13 of Clause 1 of Article 14 of this Federal Law.

4. The body that carried out the state registration of a mortgage leaves in its archive a copy of the mortgage agreement, and in the case of state registration of a mortgage by virtue of law - a copy of the document that is the basis for the emergence of the pledgor's ownership of the property burdened by the mortgage. If the mortgagee's rights are certified by a mortgage, the body that carried out the state registration of the mortgage also leaves in its archive a copy of the mortgage with attachments.

Article 23

1. Correction of technical errors in a mortgage registration entry is allowed on the basis of an application by the mortgagor or pledgee, with notification of the other party of the correction made, and provided that the said correction cannot cause damage to third parties or violate their legitimate interests.

2. Changes and additions to the mortgage registration entry are made on the basis of an agreement between the pledgor and the pledgee on changing or supplementing the terms of the mortgage agreement. Such an agreement must be notarized.
Changes and additions to the mortgage registration entry are not allowed if the rights of the pledgee are certified by a mortgage, except for the case provided for in paragraph three of clause 6 of Article 13 of this Federal Law.
In cases where, after the state registration of a mortgage, by virtue of law, the pledgor and the pledgee have entered into a mortgage agreement, appropriate changes shall be made to the previously made mortgage registration entry.
(the paragraph was introduced by Federal Law No. 18-FZ of February 11, 2002)

Article 24

The costs of paying fees for the state registration of a mortgage and making changes and additions to the mortgage registration record shall be borne by the pledgor, unless otherwise established by agreement between him and the pledgee.

Article 25

A mortgage registration entry is extinguished on the basis of an application by the legal owner of the mortgage bond, a joint application of the pledgor and the mortgagee, or on the basis of a court decision, arbitration court or arbitration court to terminate the mortgage.
Upon redemption of a mortgage registration entry in connection with the termination of the mortgage, the mortgage bond shall be canceled in accordance with the procedure established by this Federal Law. The canceled mortgage bond shall be transferred to the previously obligated person at his request.

Article 26

The state registration of a mortgage is public. Any person has the right to obtain from the body that carries out state registration of rights to real estate information on whether there is a registration entry on the mortgage of the relevant property, and a certified extract from the registration entry on the mortgage.
A copy of the mortgage bond, located in the archive of the body that carried out the state registration of the mortgage, does not apply to documents of a public nature.

Article 27

Denial of state registration of a mortgage or evasion of the relevant body from its registration or from issuance of a mortgage to the original mortgagee, refusal to make corrections to the mortgage registration entry, cancellation of the mortgage registration entry in violation established rules, registration of a non-existent mortgage, refusal to exercise the rights provided for in Article 26 of this Federal Law, as well as other actions of the body carrying out state registration of rights to real estate that do not comply with federal law, may be appealed by an interested person to a court, an arbitration court in accordance with the procedural the legislation of the Russian Federation.

Article 28. Responsibility of the body registering mortgage

The body that registered or was supposed to register a mortgage is obliged, in accordance with the Civil Code of the Russian Federation, to compensate the person concerned for losses caused by their illegal actions (inaction), including:
unreasonable refusal in the state registration of a mortgage;
unreasonable refusal to make corrections to the registration record;
delay in the state registration of mortgages beyond the established period;
state registration of a mortgage in violation of the requirements imposed by the legislation of the Russian Federation on the content of the registration entry, or with other errors;
non-compliance with the requirements of paragraph 3 of Article 22 of this Federal Law;
evasion from issuing a mortgage (duplicate mortgage);
illegal redemption of the registration record;
unjustified refusal to perform the actions provided for in Article 26 of this Federal Law.

Chapter V. ENSURING THE SAFETY OF PROPERTY,
PLEDGED UNDER THE MORTGAGE AGREEMENT

Article 29

1. The pledgor retains the right to use the property pledged under the mortgage agreement. The pledgor has the right to use this property in accordance with its purpose.
The terms of the mortgage agreement restricting this right of the mortgagor shall be null and void.
Unless otherwise provided by the agreement, when using the pledged property, the pledgor must not allow the property to deteriorate and its value to decrease beyond what is caused by normal wear and tear.

2. The pledgor shall have the right to extract fruits and incomes from the property pledged under the mortgage agreement. The mortgagee does not acquire rights to these fruits and incomes, unless otherwise provided by the mortgage agreement.

Article 30. Maintenance and repair of pledged property

1. Unless otherwise provided by the mortgage agreement, the pledgor shall be obliged to maintain the property pledged under the mortgage agreement in good condition and bears the cost of maintaining this property until the mortgage is terminated.

2. Unless otherwise provided by the mortgage agreement, the pledgor shall be obliged to carry out the current and overhaul property pledged under a mortgage agreement, within the time limits established by federal law, other legal acts of the Russian Federation (paragraphs 3 and 4 of Article 3 of the Civil Code of the Russian Federation), or in the manner prescribed by them, and if such time periods are not established, within a reasonable time.

Article 31. Insurance of pledged property

1. Insurance of property pledged under a mortgage agreement is carried out in accordance with the terms of this agreement.

2. If there are no other conditions in the mortgage agreement on insurance of the pledged property, the pledgor shall be obliged to insure at his own expense this property in full value against the risks of loss and damage, and if the total value of the property exceeds the amount of the obligation secured by the mortgage - in an amount not less than the amount of this obligation.

3. The pledgee has the right to satisfy his claim under the obligation secured by a mortgage directly from the insurance indemnity for the loss or damage to the pledged property, regardless of in whose favor it is insured. This claim shall be subject to satisfaction predominantly over the claims of other creditors of the pledgor and persons in whose favor the insurance has been effected, with exceptions established by federal law.
The pledgee is deprived of the right to satisfy his claim from the insurance indemnity if the loss or damage to property occurred due to reasons for which he is responsible.

Article 32. Measures to protect the pledged property from loss and damage

To ensure the safety of the pledged property, including to protect it from encroachments by third parties, fire, natural Disasters, the mortgagor is obliged to take the measures established by federal law, other legal acts of the Russian Federation (clauses 3 and 4 of Article 3 of the Civil Code of the Russian Federation) and the mortgage agreement, and if they are not established, the necessary measures that meet the usual requirements.
In the event of a real threat of loss or damage to the pledged property, the pledgor is obliged to notify the pledgee about this, if he knows him.

Article 33. Protection of pledged property from claims of third parties

1. In cases where other persons present claims to the pledgor for recognition of their right of ownership or other rights to the pledged property, for its withdrawal (reclamation) or for the encumbrance of the said property or other requirements, the satisfaction of which may entail a decrease in the value or deterioration of this property, the pledgor is obliged to immediately notify the pledgee about this, if he knows it. When a corresponding claim is filed against the pledgor in court, arbitration court or an arbitration court (hereinafter - the court), he must involve such a pledgee to participate in the case.

2. In the cases specified in paragraph 1 of this article, the pledgor must use appropriate circumstances to protect his rights to the pledged property, provided for in Article 12 of the Civil Code of the Russian Federation. If the pledgor has refused to protect his rights to the pledged property or does not exercise it, the pledgee has the right to use these methods of protection on behalf of the pledgor without a special power of attorney and demand from the pledgor compensation for the necessary expenses incurred in connection with this.

3. If the property pledged under the mortgage agreement turned out to be in the illegal possession of third parties, the pledgee is entitled, acting on his own behalf, to claim this property from someone else's illegal possession in accordance with Articles 301 - 303 of the Civil Code of the Russian Federation in order to transfer it into the possession of the pledger .

Article 34

The mortgagee has the right to check the documents and actually the presence, condition and conditions of maintenance of the property pledged under the mortgage agreement. This right belongs to the pledgee even if the pledged property is temporarily transferred by the pledgor to the possession of third parties.
The verification carried out by the pledgee must not create unjustified obstacles to the use of the pledged property by the pledger or other persons in whose possession it is.

Article 35

In case of gross violation by the pledgor of the rules for the use of the pledged property (paragraph 1 of Article 29), the rules for the maintenance or repair of the pledged property (Article 30), the obligation to take measures to preserve this property (Article 32), if such a violation creates a threat of loss or damage to the pledged property, and Also, in case of violation of the obligation to insure the pledged property (Items 1 and 2 of Article 31) or in case of an unjustified refusal to the pledgee to inspect the pledged property (Article 34), the pledgee has the right to demand early performance of the obligation secured by the mortgage.
If the satisfaction of such a claim is refused or it is not satisfied within the period stipulated by the agreement, and if such a period is not provided, within one month, the pledgee shall have the right to foreclose on the property pledged under the mortgage agreement.

Article 36. Consequences of loss or damage to pledged property

1. The pledgor bears the risk of accidental loss and accidental damage to property pledged under a mortgage agreement, unless otherwise provided by such an agreement.

2. If, due to circumstances for which the pledgee is not responsible, the pledged property is lost or damaged to such an extent that, as a result, the security of the obligation by mortgage has deteriorated significantly, the pledgee shall have the right to demand early performance of the obligation secured by the mortgage, including at the expense of insurance compensation in accordance with paragraph 3 of Article 31 of this Federal Law.

3. The pledgee cannot exercise the rights provided for in paragraph 2 of this article if an agreement in writing has been concluded between him and the pledgor on the restoration or replacement of lost or damaged property and the pledgor duly fulfills the terms of this agreement.

Chapter VI. TRANSFER OF RIGHTS TO PROPERTY PLEDGED
UNDER THE MORTGAGE AGREEMENT, TO OTHER PERSONS AND ENCUREMENTS
THIS PROPERTY IS RIGHTS OF OTHERS

Article 37. Alienation of pledged property

1. Property pledged under a mortgage agreement may be alienated by the pledgor to another person by selling, donating, exchanging, making it as a contribution to the property of a business partnership or company or a share contribution to the property of a production cooperative, or in any other way only with the consent of the pledgee, if otherwise provided by the mortgage agreement.

2. In the case of issuing a mortgage bond, the alienation of the pledged property is allowed if the pledgor's right to this is provided for in the mortgage bond, subject to the conditions established therein.

3. The pledgor has the right to bequeath the pledged property. The terms of the mortgage agreement or other agreement restricting this right of the pledgor shall be null and void.

Article 38

1. A person who has acquired property pledged under a mortgage agreement as a result of its alienation or by way of universal succession, including as a result of reorganization of a legal entity or by way of inheritance, takes the place of the pledgor and bears all the obligations of the latter under the mortgage agreement, including and those that were not duly executed by the original pledgor.
A new pledgor may be released from any of these obligations only by agreement with the pledgee. Such an agreement is not binding on subsequent purchasers of the mortgage bond if it is not certified by a notary and the rules of Article 15 of this Federal Law are not observed.

2. If the property pledged under a mortgage agreement was transferred to several persons on the grounds specified in paragraph 1 of this article, each of the legal successors of the original pledgor shall bear the consequences arising from the mortgage relations of the failure to fulfill the obligation secured by the mortgage in proportion to the part of the pledged property transferred to him. If the subject of mortgage is indivisible or, on other grounds, becomes the common property of the pledgor's legal successors, the legal successors become solidary pledgors.

3. A pledge of property under a mortgage agreement shall remain in force regardless of whether any rules established for such a transfer have been violated in the transfer of this property to other persons.

Article 39

In the event of alienation of property pledged under a mortgage agreement in violation of the rules of Clauses 1 and 2 of Article 37 of this Federal Law, the pledgee shall have the right, at his choice, to demand:
recognition of the transaction on the alienation of the pledged property as invalid and the application of the consequences provided for in Article 167 of the Civil Code of the Russian Federation;
early fulfillment of an obligation secured by a mortgage and to foreclose on the pledged property, regardless of who owns it.
In the latter case, if it is proved that the acquirer of property pledged under a mortgage agreement at the time of its acquisition knew or should have known that the property was being alienated in violation of the rules of Article 37 of this Federal Law, such acquirer shall be liable within the value of the said property. for non-fulfillment of an obligation secured by a mortgage jointly with the debtor under this obligation. If the pledged property is alienated in violation of the above rules by a pledgor who is not a debtor under an obligation secured by a mortgage, both the acquirer of the property and the former pledgor shall be jointly and severally liable with this debtor.

Article 40. Encumbrance of pledged property with the rights of other persons

1. Unless otherwise provided by a federal law or a mortgage agreement, the pledgor shall have the right, without the consent of the pledgee, to lease the pledged property, transfer it for temporary gratuitous use and, by agreement with another person, grant the latter the right to limited use of this property (servitude) under the conditions that :
the term for which the property is provided for use does not exceed the term of the obligation secured by the mortgage;
the property is provided for use for purposes corresponding to the purpose of the property.

2. If the pledgee levies execution on the pledged property on the grounds provided for by the federal law or the mortgage agreement, all lease rights and other rights to use this property granted by the pledgor to third parties without the consent of the pledgee after the conclusion of the mortgage agreement shall be terminated from the moment the mortgage agreement enters into legal force. the force of the court decision on foreclosure on property, and if the pledgee's claims are satisfied without going to court - from the moment of notarization of the agreement between the pledgor and the pledgee on foreclosure in accordance with Article 55 of this Federal Law.

3. The pledged property may be provided by the pledger for use to third parties for a period exceeding the term of the obligation secured by the mortgage, or for purposes that do not correspond to the purpose of the property, only with the consent of the pledgee. If a mortgage bond is issued, granting the right to use the pledged property to third parties on these terms is allowed if the pledgor's right to this is provided for in the mortgage bond.

4. Provision by the pledgor of the pledged property for use to another person shall not release the pledgor from the performance of obligations under the mortgage agreement, unless otherwise provided by this agreement.

5. The encumbrance of property pledged under a mortgage agreement with other pledges is regulated by the rules Chapter VII of this federal law.

Article 41

1. If the right of ownership of the pledger to property that is the subject of mortgage is terminated on the grounds and in the manner established by federal law, as a result of the seizure (purchase) of property for state or municipal needs, its requisition or nationalization, and the pledger is provided with other property or appropriate compensation, the mortgage extends to the property provided in return, or the pledgee acquires the right to preferential satisfaction of his claims from the amount of compensation due to the pledgor.
The pledgee, whose interests cannot be fully protected by the rights provided for by part one of this paragraph, shall have the right to demand early performance of the obligation secured by mortgage and foreclosure on the property provided to the pledgor in exchange for the withdrawn one.

2. In cases where the property that is the subject of a mortgage is withdrawn from the pledgor by the state in the form of a sanction for committing a crime or other offense (confiscation), the mortgage shall remain in force and the rules of Article 38 of this Federal Law shall apply. However, the pledgee, whose interests cannot be fully protected by the application of these rules, has the right to demand early performance of the obligation secured by the mortgage and foreclosure of the confiscated property.

Article 42. Consequences of vindication of pledged property

In cases where the property that is the subject of a mortgage is withdrawn from the pledgor in accordance with the procedure established by federal law on the grounds that another person is actually the owner of this property (vindication), the mortgage in respect of this property is terminated. After the entry into force of the relevant court decision, the pledgee has the right to demand early performance of the obligation secured by the mortgage.

Chapter VII. SUBSEQUENT MORTGAGE

Article 43. The concept of a subsequent mortgage and the conditions under which it is allowed

1. Property pledged under a mortgage agreement to secure the performance of one obligation (prior mortgage) may be pledged to secure the performance of another obligation of the same or another debtor to the same or another mortgagee (subsequent mortgage).
The sequence of pledgees is established on the basis of data from the unified state register of rights to real estate on the moment of the mortgage origination, determined in accordance with the rules of paragraphs 5 and 6 of Article 20 of this Federal Law.

2. A subsequent mortgage is allowed if it is not prohibited by previous mortgage agreements on the same property, the operation of which has not ceased by the time the subsequent mortgage agreement was concluded.
If the previous mortgage agreement provides for the conditions under which a subsequent mortgage agreement can be concluded, the latter must be concluded in compliance with these conditions.

3. A subsequent mortgage agreement concluded despite the prohibition established by the previous mortgage agreement may be recognized by the court as invalid at the claim of the pledgee under the previous agreement, regardless of whether the pledgee under the subsequent agreement knew about such a prohibition.
If the subsequent mortgage is not prohibited, but the subsequent agreement is concluded in violation of the conditions stipulated for it by the previous agreement, the claims of the mortgagee under the subsequent agreement are satisfied to the extent that their satisfaction is possible in accordance with the terms of the previous mortgage agreement.

4. The rules of paragraphs 2 and 3 of this article shall not apply if the parties to the previous and subsequent mortgage agreements are the same persons.

5. The conclusion of a subsequent mortgage agreement providing for the drawing up and issuance of a mortgage bond is not allowed.

Article 44 Modification of a previous mortgage agreement

1. The pledgor shall be obliged to inform each subsequent mortgagee before concluding an agreement on a subsequent mortgage with him, information about all existing mortgages of this property, provided for in paragraph 1 of Article 9 of this Federal Law.
Failure by the mortgagor to fulfill this obligation gives the pledgee, under a subsequent agreement, the right to demand termination of the agreement and compensation for the losses caused, unless it is proved that he could obtain the necessary information about previous mortgages on the basis of Article 26 of this Federal Law from the data on their state registration.

2. The pledgor who has entered into a subsequent mortgage agreement must immediately notify the pledgees of the previous mortgages and, upon their request, inform them of the information on the subsequent mortgage provided for by Clause 1 of Article 9 of this Federal Law.

3. After the conclusion of a subsequent mortgage agreement, a change in the previous agreement, entailing the provision of new claims of the previous mortgagee or an increase in the volume of claims already secured under this agreement (Article 3), is allowed only with the consent of the pledgee under the subsequent agreement, unless otherwise provided by the previous agreement on mortgage.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

4. The rules of this article shall not apply if the parties to the previous and subsequent mortgage agreements are the same persons.

Article 45. State registration of subsequent mortgage

State registration of a subsequent mortgage shall be carried out in compliance with the rules of Chapter IV of this Federal Law.
In the subsequent mortgage agreement, notes are made on all registration records on previous mortgages on the same property.
A subsequent mortgage is noted in the records of all prior mortgages on the same property.

Article 46

1. Claims of the pledgee under the subsequent mortgage agreement shall be satisfied from the value of the pledged property subject to the requirements that the pledgee under the previous mortgage agreement has the right of priority to satisfy his claims.

2. In the event of foreclosure on the pledged property on claims secured by a subsequent mortgage, early performance of the obligation secured by the mortgage may be simultaneously demanded and foreclosure may be levied on this property also on the claims secured by the previous mortgage, the deadline for presenting which for collection has not yet come. If the pledgee under the previous mortgage agreement did not exercise this right, the property that is foreclosed on claims secured by the subsequent mortgage shall be transferred to its acquirer encumbered by the previous mortgage.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

3. In the event of foreclosure on the pledged property under claims secured by a previous mortgage, it is allowed to simultaneously foreclose on this property and on claims secured by a subsequent mortgage, the time limit for which has not yet come for collection. Claims secured by a subsequent mortgage shall not be subject to early satisfaction if, in order to satisfy the claims secured by a previous mortgage, it is sufficient to foreclose on a part of the pledged property.

4. Prior to foreclosure on property, the pledge of which is secured by claims under the previous and subsequent mortgages, the pledgee, who intends to present his claims for foreclosure, is obliged to notify in writing the pledgee under another agreement on the mortgage of the same property.

5. The rules contained in this article shall not apply if the mortgagee under the previous and subsequent mortgages is one and the same person. In this case, the claims secured by each of the mortgages shall be satisfied in the order of priority corresponding to the terms for the performance of the relevant obligations, unless otherwise provided by federal law or agreement of the parties.

Chapter VIII. ASSIGNMENT OF RIGHTS UNDER A MORTGAGE AGREEMENT.
TRANSFER AND Pledge of the Mortgage

Article 47
(as amended by Federal Law No. 18-FZ of February 11, 2002)

1. The pledgee shall have the right, unless otherwise provided by the agreement, to transfer his rights to another person:
under a mortgage agreement;
under mortgage-backed obligation (main obligation).
(Clause 1 as amended by Federal Law No. 18-FZ of February 11, 2002)

2. The person to whom the rights under the mortgage agreement have been transferred shall take the place of the former mortgagee under this agreement.
Unless otherwise proven, the assignment of rights under a mortgage agreement also means the assignment of rights under an obligation secured by a mortgage (principal obligation).
(Clause 2 as amended by Federal Law No. 18-FZ of February 11, 2002)

3. Unless otherwise provided by the contract, the person to whom the rights under the obligation (main obligation) have been transferred shall also transfer the rights ensuring the fulfillment of the obligation.
Such a person takes the place of the former mortgagee under the mortgage agreement.
The assignment of rights under a mortgage-secured obligation (primary obligation) in accordance with paragraph 1 of Article 389 of the Civil Code of the Russian Federation must be made in the form in which the mortgage-secured obligation (primary obligation) was concluded.
(Clause 3 as amended by Federal Law No. 18-FZ of February 11, 2002)

4. The provisions of Articles 382, ​​384 - 386, 388 and 390 of the Civil Code of the Russian Federation on the transfer of creditor's rights by assignment of a claim shall apply to the relations between the person to whom the rights are assigned and the pledgee.
(Clause 4 as amended by Federal Law No. 18-FZ of February 11, 2002)

5. The assignment of rights under a mortgage agreement or an obligation secured by a mortgage, the rights of which are certified by a mortgage, is not allowed. When such a transaction is made, it is recognized as null and void.

Article 48

1. The transfer of rights under a mortgage is made by concluding a transaction in a simple written form.
The transfer of rights under a mortgage entails the consequences of an assignment of claims (cession).
When transferring rights under a mortgage bond, the person transferring the right makes a mark on the mortgage bond about the new owner.
The note must accurately and completely indicate the name (name) of the person to whom the rights under the mortgage are transferred, and the basis for such transfer.
The mark must be signed by the mortgagee indicated in the mortgage bond, and if this inscription is not the first, by the owner of the mortgage bond indicated in the previous mark.
(Clause 1 as amended by Federal Law No. 18-FZ of February 11, 2002)

2. The transfer of rights under a mortgage bond to another person means the transfer thereby to the same person of all the rights certified by it in the aggregate.
(as amended by Federal Law No. 18-FZ of February 11, 2002)
The legal owner of the mortgage bond owns all the rights certified by it, including the rights of the mortgagee and the rights of the creditor under the obligation secured by the mortgage, regardless of the rights of the original mortgagee and previous owners of the mortgage bond.
Unless otherwise stipulated in the transaction specified in clause 1 of this article, when transferring rights under a mortgage bond with partial performance of an obligation secured by a mortgage (principal obligation), those obligations that should have been performed prior to the transfer of rights under the mortgage bond shall be considered fulfilled.
(the paragraph was introduced by Federal Law No. 18-FZ of February 11, 2002)

3. An owner of a mortgage bond is considered legal if his rights to the mortgage are based on the mortgage transfer transaction and the last notation on the mortgage issued by the previous owner. He is not considered the legal owner of the mortgage bond if it is proved that the mortgage bond has left the possession of any of the persons who made the endorsements, as a result of theft or otherwise against the will of this person, of which the owner of the mortgage bond knew or should have known when acquiring it.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

4. The inscriptions on the mortgage bond, which prohibit its subsequent transfer to other persons, are void.

5. If a third party, in accordance with paragraph 2 of Article 313 of the Civil Code of the Russian Federation, has fully fulfilled the obligation secured by a mortgage for the debtor, it shall have the right to demand that the right under the mortgage be transferred to him. If the pledgee refuses to transfer these rights, the third party may demand in court the transfer of these rights to himself.

Article 49

1. A mortgage bond may be pledged under a mortgage bond agreement without transfer or with its transfer to another person (the pledgee of the mortgage bond) as security for an obligation under a loan agreement or other obligation that has arisen between this person and the pledgee originally named in the mortgage bond, or its other legal owner (mortgage holder).
(as amended by the Federal Law of February 11, 2002 N 18-FZ)

2. When a mortgage bond is pledged without transferring it to the mortgagee, the procedure for foreclosing the mortgaged mortgage bond is regulated by Article 349 of the Civil Code of the Russian Federation.
(Clause 2 as amended by Federal Law No. 18-FZ of February 11, 2002)

3. When concluding an agreement on the pledge of a mortgage bond with its transfer to the mortgagee of the mortgage bond, the parties shall have the right to provide for:
1) levying execution on the pledged property in accordance with the procedure established by Article 349 of the Civil Code of the Russian Federation;
2) transfer of rights under a mortgage in the manner, on the terms and with the consequences provided for by Article 48 of this Federal Law;
3) implementation by the mortgage pledgee on the mortgage of a special mortgage inscription, giving the pledgee of the mortgage the right after the expiration of certain period sell the mortgage in order to withhold from the proceeds the amount of the obligation secured by its pledge.
(Clause 3 as amended by Federal Law No. 18-FZ of February 11, 2002)

4. The mortgage pledgee may make a special mortgage endorsement on the mortgage bond giving the mortgagee the right to sell the mortgage after a certain period of time in order to withhold from the proceeds the amount of the obligation secured by its pledge.

Chapter IX. FOREWORDING ON PROPERTY,
PLEDGED UNDER THE MORTGAGE AGREEMENT

Article 50

1. The mortgagee shall have the right to foreclose on property pledged under a mortgage agreement in order to satisfy, at the expense of this property, the claims named in Article 3 of this Federal Law caused by non-fulfillment or improper fulfillment of an obligation secured by a mortgage, in particular, non-payment or untimely payment of the amount of the debt in full or in part. part, unless the contract provides otherwise.
In the event of a discrepancy between the terms of the mortgage agreement and the terms of the obligation secured by the mortgage with respect to claims that can be satisfied by foreclosure on the pledged property, preference is given to the terms of the mortgage agreement.

2. Unless otherwise provided by the mortgage agreement, foreclosure on property pledged to secure an obligation to be fulfilled by periodic payments is allowed in case of systematic violation of the terms for making them, that is, in case of violation of the terms for making payments more than three times within 12 months, even if each delay is negligible.

3. For claims caused by non-fulfillment or improper fulfillment of an obligation secured by a mortgage, foreclosure on the pledged property cannot be levied if, in accordance with the terms of this obligation and the federal laws and other legal acts of the Russian Federation applicable to it (paragraphs 3 and 4 of Article 3 of the Civil Code of the Russian Federation) the debtor is released from liability for such non-performance or improper performance.

4. In the cases provided for by Articles 35, 39 and 41 of this Federal Law, the pledgee has the right to demand early performance of the obligation secured by a mortgage, and if this requirement is not met, to foreclose on the pledged property, even if the obligation secured by the mortgage is properly performed.

Article 51

Execution on the claims of the pledgee is levied on property pledged under a mortgage agreement by a court decision, except for cases where, in accordance with Article 55 of this Federal Law, it is allowed to satisfy such claims without applying to a court.

Article 52

A claim for foreclosure on property pledged under a mortgage agreement is brought in accordance with the rules of jurisdiction and jurisdiction of cases established by the procedural legislation of the Russian Federation.

Article 53

1. When levying execution on property pledged under two or more mortgage agreements, the pledgee must submit to the court in which the relevant claim is filed evidence of the fulfillment of the obligation provided for by Clause 4 of Article 46 of this Federal Law.

2. If it is clear from the materials of the case on foreclosure on pledged property that the mortgage was or should have been made with the consent of another person or body, the court in which the claim for foreclosure is brought shall notify the relevant person or body of this and provide him with the opportunity participate in this case.

3. Persons who have the right to use the pledged property based on the law or the contract (tenants, tenants, family members of the owner of the residential premises and other persons) or a property right to this property (servitude, the right to lifelong use and other rights) have the right to participate in the consideration of the case foreclosure of mortgaged property.

Article 54

1. Foreclosure on property pledged under a mortgage agreement may be refused if the debtor's violation of the obligation secured by the mortgage is extremely insignificant and the amount of the pledgee's claims as a result is clearly disproportionate to the value of the pledged property, except for the case provided for by paragraph 2 of Article 50 of this Federal Law. law.

2. When making a decision on foreclosure on property pledged under a mortgage agreement, the court must determine and indicate in it:
1) amounts payable to the pledgee from the value of the pledged property, except for the amounts of expenses for the protection and sale of property, which are determined upon completion of its sale. For amounts calculated as a percentage, the amount on which interest is accrued, the amount of interest and the period for which they are subject to accrual must be indicated;
2) the property that is the subject of mortgage, from the value of which the claims of the mortgagee are satisfied;
3) the method of realization of the property, which is foreclosed;
4) the initial sale price of the pledged property upon its sale. The initial sale price of property at public auction is determined on the basis of an agreement between the pledgor and the pledgee, and in the event of a dispute - by the court itself;
5) measures to ensure the safety of property before its sale, if any.

3. At the request of the pledgor, the court, if there are valid reasons, has the right in the decision to foreclose the pledged property to postpone its sale for a period of up to one year in cases where:
(as amended by Federal Law No. 18-FZ of February 11, 2002)
the mortgagor is a citizen, regardless of what property is pledged by him under a mortgage agreement, provided that the pledge is not related to the entrepreneurial activity of this citizen;
the subject of mortgage is a land plot from the composition of agricultural land, to which this Federal Law applies.

When determining the period for which a deferment is granted for the sale of the pledged property, the court takes into account, among other things, the fact that the amount of the pledgee's claims to be satisfied from the value of the pledged property at the time of the expiration of the delay must not exceed the value of the pledged property according to the assessment specified in the mortgage agreement.

The postponement of the sale of the pledged property does not affect the rights and obligations of the parties under the obligation secured by the mortgage of this property, and does not release the debtor from compensation for the creditor's losses that have increased during the delay, the interest due to the creditor and the penalty.
If the debtor satisfies the creditor's claims secured by the mortgage within the time limit granted to him by the mortgage to the extent that they have by the time the claim is satisfied, the court, at the request of the pledgor, cancels the decision to foreclose. (as amended by Federal Law No. 18-FZ of February 11, 2002)

4. Postponement of the sale of the pledged property is not allowed if:
it may lead to a significant deterioration in the financial position of the pledgee;
a case has been initiated against the pledgor or pledgee to declare him insolvent (bankrupt).

Article 55

1. Satisfaction of the pledgee's claims at the expense of the property pledged under the mortgage agreement, without going to court, is allowed on the basis of a notarized agreement between the pledgee and the pledgor, concluded after the grounds for foreclosure on the subject of mortgage arose.
An agreement to satisfy the claims of a pledgee under a subsequent mortgage agreement is valid if it is concluded with the participation of pledgees under previous mortgage agreements.

2. Satisfaction of the requirements of the pledgee in the manner prescribed by paragraph 1 of this article is not allowed if:
1) the mortgage of property required the consent or permission of another person or body;
2) the subject of mortgage is an enterprise as a property complex;
3) the subject of mortgage is property that has a significant historical, artistic or other cultural value for society;
4) the subject of the mortgage is property that is in common ownership, and any of its owners does not give consent in writing or in another form established by federal law to satisfy the claims of the mortgagee out of court.
In these cases, foreclosure on the pledged property is levied by a court decision.

3. In the agreement on satisfaction of the pledgee's claims, concluded in accordance with paragraph 1 of this article, the parties may provide:
1) sale of the pledged property in accordance with the procedure established in Article 56 of this Federal Law;
(as amended by Federal Law No. 18-FZ of February 11, 2002)
2) the acquisition of the pledged property by the pledgee for himself or third parties with an offset against the purchase price of the claims of the pledgee against the debtor, secured by a mortgage. The said agreement may not provide for the acquisition of the pledged property by the pledgee if the subject of the mortgage is a land plot.
The rules of the civil legislation of the Russian Federation on the purchase and sale agreement are applied to the agreement on the acquisition of the pledged property by the pledgee, and in the case of the acquisition of property by the pledgee for third parties - also on the commission agreement.

4. When concluding an agreement on satisfaction of the pledgee's claims in accordance with paragraph 1 of this article, the parties must indicate in it:
1) the name of the property pledged under the mortgage agreement, at the expense of which the claims of the mortgagee are satisfied, and the value of this property;
2) the amounts payable to the pledgee by the debtor on the basis of the obligation secured by the mortgage and the mortgage agreement, and if the pledger is a third party, also by the pledger;
3) the method of selling the pledged property or the condition for its acquisition by the pledgee;
4) prior and subsequent mortgages of this property known to the parties at the time of conclusion of the agreement and third parties' rights in rem and rights of use in relation to this property.

5. An agreement on the satisfaction of the pledgee's claims out of court, concluded on the basis of paragraph 1 of this article, may be recognized by the court as invalid on the claim of the person whose rights are violated by this agreement.

Chapter X. SALE OF PLEDGED PROPERTY,
ON WHICH IS EXECUTED

Article 56. Sale of pledged property
(as amended by Federal Law No. 18-FZ of February 11, 2002)

1. Property pledged under a mortgage agreement, which is foreclosed on by a court decision in accordance with this Federal Law, shall be sold by sale at a public auction, except for the cases provided for by this Federal Law.
The procedure for conducting public auctions for the sale of property pledged under a mortgage agreement is determined by the procedural legislation of the Russian Federation, since no other rules are established by this Federal Law.

2. When making a decision to levy execution on the pledged property, the court may, with the consent of the pledgor and the pledgee, establish in the decision that the property is subject to sale in the manner prescribed by Article 59 of this Federal Law. The same way of selling the pledged property may be provided for by the pledgor and the pledgee in an agreement on the satisfaction of the pledgee's claims out of court, concluded in accordance with paragraph 1 of Article 55 of this Federal Law. (as amended by Federal Law No. 18-FZ of February 11, 2002)
The sale of pledged property in the manner provided for in Article 59 of this Federal Law is not allowed in cases where the recovery of this property in accordance with paragraph 2 of Article 55 of this Federal Law cannot be levied out of court.
(as amended by Federal Law No. 18-FZ of February 11, 2002)
The procedure for the sale of property pledged under a mortgage agreement at an auction is determined by the rules of Articles 447–449 of the Civil Code of the Russian Federation and this Federal Law, and, where they do not provide for, it is determined by an agreement to satisfy the mortgagee's claims out of court.

3. In cases of foreclosure on the pledged right to lease immovable property, it is exercised in accordance with the rules of this Federal Law, followed by registration of the assignment of this right.

Article 57

1. Public auctions for the sale of pledged property are organized and conducted by the bodies that, in accordance with the procedural legislation of the Russian Federation, are entrusted with the execution of court decisions, unless otherwise established by federal law.

2. Public auctions for the sale of pledged property are held at the location of this property.

3. The organizer of the public auction shall notify about the upcoming public auction no later than 30 days, but not earlier than 60 days before its holding in a periodical, which is the official information body of the body executive power of the relevant subject of the Russian Federation, indicating the date, time and place of the public auction, the nature of the property being sold and its initial sale price.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

4. Persons wishing to take part in public auctions make a deposit in the amount, terms and procedure that must be indicated in the notice of public auctions. The amount of the deposit may not exceed 5 percent of the initial sale price of the pledged property.
For persons who participated in public auctions, but did not win them, the deposit is returned immediately after the end of the public auction. The deposit is also refundable if the public auction does not take place.

5. The presence at public auctions for the sale of pledged property of persons not participating in them may be limited only by local governments in the interests of maintaining public order. At public auctions, in any case, persons who have rights to use the property being sold or real rights to this property, as well as mortgagees on subsequent mortgages, have the right to be present.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

6. The winner of the public auction is the person who offered the highest price for the property being sold at the public auction. This person and the organizer of the public auction sign on the day of the auction the protocol on the results of the public auction. The evasion of any of them from signing the protocol entails the consequences provided for by paragraph 5 of Article 448 of the Civil Code of the Russian Federation.

7. The person who won the public auction must, within five days after the end of the auction, deposit the amount for which he purchased the pledged property (purchase price), minus the deposit paid earlier, to the account indicated by the organizer of the public auction. If this amount is not paid, the deposit will not be returned.

8. Within five days from the date of payment of the purchase price by the person who won the public auction, the organizer of the public auction concludes a purchase and sale agreement with him. This agreement and the protocol on the results of public auctions are the basis for making the necessary entries in the unified state register of rights to real estate.

Article 58

1. The organizer of public auctions declares them invalid in cases where:
1) there were less than two buyers at the public auction;
2) no markup has been made at the public auction against the initial sale price of the pledged property;
3) the person who won the public auction did not pay the purchase price within the prescribed period.
Public auctions must be declared invalid no later than the day after any of the above circumstances took place.

2. Within 10 days after the announcement of the public auction as failed, the pledgee shall have the right, by agreement with the pledgor, to purchase the pledged property at its initial sale price at the public auction and set off against the purchase price his claims secured by the mortgage of this property.
The rules of the civil legislation of the Russian Federation on the contract of sale are applied to such an agreement. Mortgage in this case is terminated.

3. If the agreement on the acquisition of property by the pledgee, provided for in paragraph 2 of this article, has not taken place, no later than one month after the first public auction, a repeated public auction shall be held. The initial sale price of the pledged property at repeated public auctions, if they are caused by the reasons specified in subparagraphs 1 and 2 of paragraph 1 of this article, is reduced by 15 percent. Public auctions are held in the manner prescribed by Article 57 of this Federal Law.

4. In the event that a repeated public auction is declared invalid for the reasons specified in paragraph 1 of this article, the pledgee shall have the right to acquire (retain) the pledged property at a price not more than 25 percent lower than its initial sale price at the first public auction and set off the purchase price of their claims secured by the mortgage of the property.
If the pledgee has retained the pledged property, which by its nature and purpose cannot belong to him, including property of significant historical, artistic or other cultural value for society, a land plot, he is obliged to alienate this property within a year in accordance with with Article 238 of the Civil Code of the Russian Federation.

5. If the mortgagee fails to use the right to keep the subject of mortgage within one month after the announcement of repeated public auctions as failed, the mortgage shall be terminated.

Article 59
(as amended by Federal Law No. 18-FZ of February 11, 2002)

1. The organizer of the auction for the sale of the pledged property is a specialized organization chosen for this purpose by the pledgee with the consent of the pledger, which acts on the basis of an agreement with the pledgee and acts on his behalf or on his own behalf.

2. Sale of pledged property at an auction is allowed if the auction is open.
The sale of pledged property at a closed auction is allowed only in cases provided for by federal law.

3. Within five days from the date of fulfillment of the demand for payment for the property by the person who won the auction, the auction organizer concludes a purchase and sale agreement with him. This agreement and the protocol on the results of the auction are the basis for making the necessary entries in the unified state register of rights to real estate.

Article 60

1. A debtor under a mortgage-secured obligation and a pledgor who is a third party shall have the right to stop foreclosing the pledged property by satisfying all claims of the pledgee secured by mortgage, to the extent that these claims have by the time the relevant amounts are paid. This right may be exercised at any time until the sale of the pledged property at public auction, auction or tender, or the acquisition of the right to this property in the prescribed manner by the pledgee.
(as amended by Federal Law No. 18-FZ of February 11, 2002)

2. A person demanding the termination of foreclosure on the pledged property or its sale shall be obliged to reimburse the pledgee for the expenses incurred in connection with the foreclosure of this property and its sale.

Article 61. Distribution of the proceeds from the sale of pledged property wa

The amount proceeds from the sale of property pledged under a mortgage agreement, after withholding from it the amounts necessary to cover expenses in connection with the foreclosure of this property and its sale, is distributed among the pledgees who have declared their claims for collection, other creditors of the pledgor and the pledgor himself . The distribution is carried out by the body executing court decisions, and if the execution of the pledged property was levied out of court - by a notary who certified the agreement on such a collection procedure, in compliance with the rules of Article 319, paragraph 1 of Article 334 and paragraphs 5 and 6 of Article 350 of the Civil Code of the Russian Federation, as well as Article 46 of this Federal Law.
If the subject of the mortgage to be foreclosed on is state or municipal property, the amounts to be transferred to the pledgor in the order and priority determined by this article shall be credited to the appropriate budget.

Chapter XI. FEATURES OF MORTGAGE OF LAND PLOTS

Article 62

1. Under a mortgage agreement, land plots owned by citizens, their associations, legal entities and provided for gardening, animal husbandry, individual housing, dacha and garage construction, household land plots of personal subsidiary plots and land plots occupied by buildings, buildings or structures, in the amount necessary for their economic maintenance (functional support).

2. In the case of common shared or joint ownership of land plots specified in paragraph 1 of this article, a mortgage can only be established on a land plot owned by a citizen or legal entity, allocated in kind from lands that are in common shared or joint ownership.

Article 63. Land plots not subject to mortgage

1. Mortgage of land that is in state or municipal ownership, as well as agricultural land from the composition of the land of agricultural organizations, peasant (farmer) farms and field land plots of personal subsidiary farms in accordance with this Federal Law is not allowed.

2. Mortgage of a part of the land plot, the area of ​​which is less than minimum size established regulations subjects of the Russian Federation and regulations of local governments for lands of various purposes and permitted use.

Article 64

1. Unless otherwise provided by the mortgage agreement, in case of mortgage of a land plot, the right of pledge to the buildings and structures of the pledgor located or being erected on this plot, including residential buildings, does not apply.
In the absence of a condition in the agreement providing that a building or structure located or being built on a land plot belonging to the pledgor is pledged to the same pledgee, the pledgor, when levying execution on the land plot, retains the right to this building or structure and acquires the right of limited use (servitude) of that part of the site, which is necessary for the use of the building or structure in accordance with its purpose. The conditions for the use of this part of the site are determined by an agreement between the pledgor and the pledgee, and in the event of a dispute - by the court.

2. The pledger of a land plot has the right, without the consent of the pledgee, to dispose of the buildings and structures belonging to him on this plot, to which, in accordance with paragraph 1 of this article, the right of pledge does not apply.
In the event of the alienation of such a building or structure to another person and there is no agreement with the pledgee otherwise, the rights that this person can acquire to the mortgaged land plot are limited by the conditions provided for in part two of paragraph 1 of this article.

3. If a building or structure belonging to the pledgor of a land plot, located or being built on this land plot, is pledged to the same pledgee, the pledgor’s right to dispose of this building or structure, the conditions and consequences of the transfer of rights to this building or structure to other persons are determined by the rules of Chapter VI of this federal law.

Article 65

1. On a land plot pledged under a mortgage agreement, the pledgor shall have the right, without the consent of the pledgee, to erect buildings or structures in accordance with the established procedure, unless otherwise provided by the mortgage agreement. Unless otherwise provided by the mortgage agreement, the mortgage extends to these buildings and structures.
(as amended by Federal Law No. 18-FZ of February 11, 2002)
If the construction by the pledgor of a building or structure on a mortgaged land plot entails or may entail a deterioration in the security provided to the pledgee by the mortgage of this plot, the pledgee shall have the right, in accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, to demand an amendment to the mortgage agreement, including, if necessary, by extending the mortgage on the erected building or structure.

2. The erection of buildings or structures on a mortgaged land plot, if the rights of the mortgagee are certified by a mortgage, is allowed only if the right of the pledger to this is provided for in the mortgage, subject to the conditions that are reflected in it.

Article 66

If a mortgage is established on a land plot on which a building or structure is located that belongs not to the pledgor, but to another person, when the pledgee levies execution on this plot and its sale, the rights and obligations that the pledgor had as the owner of the plot transfer to the acquirer of the plot .

Article 67

The valuation of a land plot cannot be set in a mortgage agreement below its standard price.
A copy of the plan (drawing of boundaries) of this plot, issued by the relevant committee for land resources and land management.

Article 68

1. A land plot acquired through sale at a public auction, auction or tender is subject to the requirements for permitted use.
A person who has acquired a land plot by selling it at a public auction, auction, or by competition shall have the right to change the purpose of the land plot only in cases provided for by the land legislation of the Russian Federation, or in the manner prescribed by this legislation.

2. The sale and acquisition at public auction, auction or by competition of mortgaged land plots shall be carried out in compliance with the restrictions established by federal law in relation to the circle of persons who can acquire such plots.

Chapter XII. FEATURES OF MORTGAGE ENTERPRISES,
BUILDINGS AND FACILITIES

Article 69

When an enterprise is mortgaged as a property complex (hereinafter referred to as the enterprise), the right of pledge extends to all the property included in it (paragraph 2 of Article 340 of the Civil Code of the Russian Federation).
Mortgage of a building or structure is allowed only with simultaneous mortgage under the same agreement of the land plot on which this building or structure is located, or of a part of this plot that functionally provides the pledged object, or of the right to lease this plot or its corresponding part belonging to the pledgor.
The right of pledge does not apply to the right of permanent use of the land plot on which the enterprise, building or structure is located, belonging to the pledgor. When foreclosing such an enterprise, building or structure, the person who acquires this property into ownership acquires the right to use the land plot on the same terms and to the same extent as the former owner (mortgagor) of the immovable property.

Article 70. Mortgage of an enterprise as a property complex

1. Mortgaging an enterprise is allowed with the consent of the owner of the property related to the enterprise, or a body authorized by him. An enterprise mortgage agreement entered into in violation of this requirement is void.

2. If the subject of mortgage is an enterprise and otherwise is not provided by the agreement, the pledged property includes tangible and intangible assets related to this enterprise, including buildings, structures, equipment, inventory, raw materials, finished products, claims, exclusive rights.

3. The composition of the property related to the enterprise to be mortgaged and the assessment of its value are determined on the basis of a complete inventory of this property. The act of inventory, the balance sheet and the conclusion of an independent auditor on the composition and value of property related to the enterprise are mandatory annexes to the mortgage agreement.
In cases where the valuation is mandatory by law, the report on the valuation of property related to the enterprise is also a mandatory annex to the contract.
(paragraph introduced by Federal Law No. 143-FZ of November 9, 2001)

Article 71

1. The mortgage of an enterprise may secure an obligation, the amount of which is not less than half of the value of the property related to the enterprise.

2. Mortgage of an enterprise secures a monetary obligation to be fulfilled not earlier than one year after the conclusion of the mortgage agreement. In the event that the agreement provides that the mortgage of the enterprise secures an obligation with a shorter period of performance, the right to foreclose on the subject of mortgage on an unfulfilled or improperly fulfilled obligation arises from the pledgee after a year has elapsed from the date of conclusion of the mortgage agreement.

Article 72

1. The pledgor has the right to sell, exchange, lease, lend property related to the enterprise, transferred to the mortgage, and otherwise dispose of the specified property, as well as make changes to the composition of this property, if this does not entail a decrease in the specified in the agreement about mortgage of the total value of property related to the enterprise, and also does not violate other terms of the mortgage agreement.
Without the permission of the pledgee, the pledgor shall not be entitled to pledge property related to the enterprise, to make transactions aimed at the alienation of immovable property related to the enterprise, unless otherwise established by the mortgage agreement.

2. If the pledger of the enterprise fails to take measures to ensure the safety of the pledged property, inefficient use of this property, which may lead to a decrease in the value of the enterprise, the pledgee has the right to apply to the court with a demand for early fulfillment of the obligation secured by the mortgage or the introduction of mortgage control over the activity of the pledger.
By a court decision, the mortgagee may be authorized by way of mortgage control to:
require the mortgagor to regularly submit accounting and other reporting documents, preliminarily agree on issues related to the conclusion of transactions with property related to the enterprise;
apply to the owner of the property related to the enterprise, or a body authorized by him, with a request to terminate the contract with the head of the enterprise;
bring claims to the court for the recognition of transactions concluded by the pledgor as invalid;
to exercise other rights provided for by mortgage control over the activities of the mortgagor.

Article 73

1. If the pledgor fails to fulfill the obligation secured by the mortgage of the enterprise, foreclosure on the pledged property may be levied only by a court decision.

2. The buyer, who has acquired an enterprise at a public auction, shall transfer the rights and obligations of the owner of the enterprise related to the latter from the moment of state registration of ownership of the acquired property.

Chapter XIII. FEATURES OF MORTGAGE OF HOUSES AND APARTMENTS

Article 74

1. The rules of this Chapter shall apply to mortgages intended for permanent residence individual and multi-apartment residential buildings and apartments owned by citizens or legal entities.

2. Mortgage of individual and multi-apartment residential buildings and apartments in state or municipal ownership is not allowed.

3. Hotels, rest houses, dachas, garden houses and other buildings and premises not intended for permanent residence may be subject to mortgage on a general basis. The rules established for the mortgage of residential houses and apartments do not apply to them.

4. In the event that the subject of mortgage is a part of a residential building or a part of an apartment consisting of one or more isolated rooms, the rules of the present Federal Law on Mortgage of a Residential Building and Apartment shall be applied to such mortgage accordingly.

5. Mortgage of a residential house or apartment owned by minors, persons with limited capacity or incapacitated persons, over whom guardianship or guardianship has been established, shall be carried out in the manner established by the legislation of the Russian Federation for making transactions with the property of wards.

ConsultantPlus: note.
The procedure for making transactions with the property of wards is regulated by Articles 37 and 38 of the Civil Code of the Russian Federation.

6. Excluded. - Federal Law of February 11, 2002 N 18-FZ.

Article 75

In case of mortgage of an apartment in a multi-apartment residential building, parts of which, in accordance with paragraph 1 of Article 290 of the Civil Code of the Russian Federation, are in the common shared ownership of the pledgor and other persons, the corresponding share in the common ownership of the residential building is considered to be mortgaged along with the residential premises.

Article 76

When granting a loan or target loan for the construction of a residential house, a mortgage agreement may provide for securing the obligation with construction in progress and materials and equipment belonging to the pledger, which are prepared for construction.

Article 77
(as amended by Federal Law No. 18-FZ of February 11, 2002)

1. Unless otherwise provided by federal law or an agreement, a residential building or apartment purchased or built using credit funds from a bank or other credit organization or funds from a targeted loan provided by legal entity for the purchase or construction of a residential building or apartment are considered to be pledged from the moment of state registration of the borrower's ownership of the residential building or apartment.
The pledgee under this pledge is a bank or other credit organization or a legal entity that has provided a loan or targeted loan for the purchase or construction of a residential house or apartment.

2. To the pledge of a residential house or apartment arising on the basis of paragraph 1 of this article, the rules on the pledge of immovable property arising by virtue of an agreement shall be applied accordingly.

3. The guardianship and guardianship authorities have the right to give consent (permission) to the legal representatives of minors, incapacitated or partially capable family members of the owner of the residential premises in which these persons live, to alienate and (or) mortgage this residential premises in the event that guardianship and guardianship authorities, there are no grounds for recognizing that the rights or legally protected interests of minors, incapacitated or partially capable persons are violated.
The decision of the guardianship and guardianship authorities to give consent (permit) to the alienation and (or) mortgage of the residential premises in which minor, incompetent or partially incapacitated members of the owner's family live must be submitted to the applicant in writing no later than 30 calendar days from date of filing an application for such consent (permission).
Refusal to give consent (permit) to the alienation and (or) mortgage transfer of residential premises in which minor, incompetent or partially incapacitated members of the owner's family live, must be motivated.
The applicant has the right to challenge the decision of the guardianship and guardianship authorities in court.
(Clause 3 was introduced by Federal Law No. 18-FZ of February 11, 2002)

Article 78
(As amended by Federal Law No. 179-FZ of December 24, 2002)

1. Foreclosure by the pledgee on the mortgaged residential house or apartment and the sale of this property are grounds for terminating the right to use the pledgor and members of his family (former family members) living together in such a residential house or apartment, provided that such a residential house or apartment was mortgaged under a mortgage agreement or under a mortgage by force of law to secure the repayment of a loan or a target loan provided by a bank or other credit institution or legal entity for the purchase or construction of such a residential house or apartment.
The release of such a residential building or apartment is carried out in the manner prescribed by federal law.
(Clause 1 as amended by the Federal Law of December 24, 2002 N 179-FZ)

2. Foreclosure on a mortgaged residential house or apartment is possible both in court and out of court in compliance with the rules established by Chapter IX of this Federal Law.
(As amended by Federal Law No. 179-FZ of December 24, 2002)
A residential house or apartment that is mortgaged under a mortgage agreement and foreclosed on is sold by sale at auction held in the form of an open auction or competition.
(Clause 2 as amended by Federal Law No. 18-FZ of February 11, 2002)

3. Persons residing in mortgaged residential buildings or apartments under the terms of a lease agreement or a residential lease agreement, are not subject to eviction upon the sale of the mortgaged residential building or apartment. The lease agreement concluded with them prior to the conclusion of the mortgage agreement or the agreement on the lease of residential premises shall remain in force. The conditions for its termination are determined by the Civil Code of the Russian Federation and the housing legislation of the Russian Federation.
(As amended by Federal Law No. 179-FZ of December 24, 2002)

ConsultantPlus: note.
In accordance with Art. 675 of the Civil Code of the Russian Federation, the transfer of ownership of the residential premises occupied under a rental agreement does not entail the termination or amendment of the residential premises rental agreement. In this case, the new owner becomes the landlord on the terms of the previously concluded lease agreement.

Chapter XIV. FINAL PROVISIONS

Article 79

1. Enact this Federal Law from the date of its official publication.

2. The norms of the Law of the Russian Federation "On Pledge" from the date of entry into force of this Federal Law shall be applied to the pledge of immovable property (mortgage) only insofar as they do not contradict this Federal Law.
Until the federal laws and other legal acts of the Russian Federation are brought into line with this Federal Law (paragraphs 3 and 4 of Article 3 of the Civil Code of the Russian Federation), these federal laws and other legal acts Russian Federation are applied in the part that does not contradict this Federal Law.

3. The rules of this Federal Law shall apply to relations arising in connection with a pledge of immovable property (mortgage) after its entry into force.
With regard to relations that arose prior to the entry into force of this Federal Law, this Federal Law shall apply to those rights and obligations that arise after its entry into force.

4. Propose to the President of the Russian Federation to bring the legal acts issued by him into line with this Federal Law.

5. Instruct the Government of the Russian Federation:
to bring legal acts issued by him into conformity with this Federal Law;
adopt legal acts ensuring the implementation of this Federal Law.

The president
Russian Federation
B. YELTSIN

"On mortgage (mortgage of real estate)"

(as amended November 9, 2001, February 11, December 24, 2002, February 5, June 29, November 2, December 30, 2004,
4, December 18, 2006, June 26, December 4, 2007, May 13, December 22, 30, 2008, July 17, 2009)

1. Under an agreement on pledge of immovable property (mortgage agreement), one party - the pledgee, who is a creditor under an obligation secured by a mortgage, has the right to receive satisfaction of his monetary claims against the debtor under this obligation from the value of the pledged immovable property of the other party - the pledgor, predominantly over others creditors of the mortgagor, with the exceptions established by federal law.

The pledgor may be the debtor under an obligation secured by a mortgage, or a person not participating in this obligation (a third party).

The property on which a mortgage has been established shall remain with the pledgor in his possession and use.

2. To a pledge of immovable property arising on the basis of a federal law upon the occurrence of the circumstances specified therein (hereinafter referred to as a mortgage by force of law), the rules on a pledge arising by virtue of a mortgage agreement shall be applied accordingly, unless otherwise established by federal law.

3. The general rules on pledge contained in the Civil Code of the Russian Federation shall apply to relations under a mortgage agreement in cases where other rules are not established by the said Code or this Federal Law.

4. Pledge of land plots, enterprises, buildings, structures, apartments and other immovable property may arise only insofar as their turnover is permitted by federal laws.

Article 2. Obligation secured by a mortgage

A mortgage may be established as security for an obligation under a loan agreement, under a loan agreement or other obligation, including an obligation based on the sale, purchase, lease, contract, other agreement, or damage, unless otherwise provided by federal law.

Obligations secured by a mortgage are subject to accounting by the creditor and the debtor, if they are legal entities, in accordance with the procedure established by the legislation of the Russian Federation on accounting.

Article 3. Claims secured by mortgage

1. A mortgage secures the payment to the mortgagee of the principal amount of the debt under a loan agreement or other obligation secured by a mortgage in full or in part provided for by the mortgage agreement.

A mortgage established to secure the performance of a loan agreement or a loan agreement with the condition of payment of interest also ensures the payment to the creditor (lender) of the interest due to him for the use of the loan (borrowed funds).

Unless otherwise provided by the agreement, the mortgage also ensures the payment to the pledgee of the amounts due to him:

1) in compensation for losses and / or as a penalty (fine, penalty fee) due to non-performance, delay in performance or other improper performance of an obligation secured by a mortgage;

2) in the form of interest for the unlawful use of other people's funds, provided for by an obligation secured by a mortgage or by federal law;

3) in compensation for court costs and other expenses caused by foreclosure on pledged property;

4) in reimbursement of expenses for the sale of the pledged property.

2. Unless otherwise provided by the agreement, the mortgage secures the pledgee's claims to the extent that they have by the time they are satisfied at the expense of the pledged property.

3. If the mortgage agreement specifies the total fixed amount of the mortgagee's claims secured by the mortgage, the debtor's obligations to the mortgagee in excess of this amount shall not be considered secured by the mortgage, with the exception of claims based on subparagraphs 3 and 4 of paragraph 1 of this Article or on Article 4 of this Federal Law.

Article 4

In cases where the pledgee, in accordance with the terms of the mortgage agreement or due to the need to ensure the preservation of property pledged under this agreement, is forced to bear the costs of its maintenance and / or protection or to pay off the debt of the pledger for taxes, fees or utilities related to this property payments, compensation to the pledgee of such necessary expenses is provided at the expense of the pledged property.

Article 5. Property that may be the subject of mortgage

1. Under a mortgage agreement, real estate specified in paragraph 1 of Article 130 of the Civil Code of the Russian Federation, the rights to which are registered in accordance with the procedure established for state registration of rights to real estate and transactions with it, may be pledged, including:

1) land plots, with the exception of land plots specified in Article 63 of this Federal Law;

2) enterprises, as well as buildings, structures and other immovable property used in business activities;

3) residential buildings, apartments and parts of residential buildings and apartments, consisting of one or more isolated rooms;

4) dachas, garden houses, garages and other consumer buildings;

5) air and sea vessels, inland navigation vessels and space objects.

Buildings, including residential houses and other structures, and structures directly connected with land, may be subject to mortgage, subject to the rules of Article 69 of this Federal Law.

The absence of state registration of the right of ownership to land plots, the state ownership of which is not demarcated, is not an obstacle to the mortgage of such land plots in accordance with Article 62.1 of this Federal Law.

2. The rules of this Federal Law shall apply to the pledge of real estate construction in progress being built on a land plot in accordance with the requirements of the legislation of the Russian Federation, including buildings and structures, subject to the rules of Article 69 of this Federal Law.

3. Unless otherwise provided by the agreement, the thing that is the subject of mortgage is considered to be pledged together with accessories (Article 135 of the Civil Code of the Russian Federation) as a whole.

4. Part of the property, the division of which in kind is impossible without changing its purpose (an indivisible thing), cannot be an independent subject of mortgage.

5. The rules on the mortgage of immovable property shall accordingly apply to the pledge of the tenant's rights under a lease agreement for such property (the right to lease), unless otherwise established by federal law and does not contradict the essence of the lease relationship.

The rules on the mortgage of real estate also apply to the pledge of the rights of claim of a participant in shared construction arising from an agreement on participation in shared construction that meets the requirements of the Federal Law "On Participation in Shared Construction apartment buildings and other real estate objects and amendments to some legislative acts of the Russian Federation".

Article 6. The right to pledge property under a mortgage agreement

1. A mortgage may be established on the property specified in Article 5 of this Federal Law, which belongs to the pledgor by the right of ownership or by the right of economic management.

2. Mortgage of property withdrawn from circulation, property on which execution cannot be levied in accordance with federal law, as well as property in respect of which mandatory privatization is provided for in accordance with the procedure established by federal law, or the privatization of which is prohibited, is not allowed.

3. If the subject of mortgage is property, the alienation of which requires the consent or permission of another person or body, the same consent or permission is required for the mortgage of this property.

Decisions on the pledge of immovable property that is state-owned and not secured by the right of economic management are taken by the Government of the Russian Federation or the government (administration) of a constituent entity of the Russian Federation.

4. The right to lease may be subject to mortgage with the consent of the lessor, unless otherwise provided by federal law or the lease agreement. In the cases provided for by paragraph 3 of Article 335 of the Civil Code of the Russian Federation, the consent of the owner of the leased property or the person having the right of economic management is also required.

5. Pledge of immovable property is not a basis for releasing a person who acted as a pledgor under a mortgage agreement from fulfilling the conditions on which he participated in an investment (commercial) tender, auction or otherwise in the process of privatization of property that is the subject of this pledge.

6. A mortgage extends to all inseparable improvements to the subject of mortgage, unless otherwise provided by the agreement or this Federal Law.

Article 7. Mortgage of property in common ownership

1. A mortgage may be established on property that is in common joint ownership (without determining the share of each of the owners in the right of ownership), with the consent of all owners. Consent must be given in writing, unless otherwise provided by federal law.

2. A participant in common shared ownership may pledge his share in the right to common property without the consent of other owners.

If, at the request of the pledgee, foreclosure is applied to this share during its sale, the rules of Articles 250 and 255 of the Civil Code of the Russian Federation on the pre-emptive right of purchase owned by other owners and on foreclosure on a share in the right of common ownership are applied, except for cases of foreclosure on a share in the right of ownership of the common property of a residential building (Article 290 of the Civil Code of the Russian Federation) in connection with foreclosure on an apartment in this building.

Chapter II. Conclusion of a mortgage agreement

Article 8. General Rules for Concluding a Mortgage Agreement

The mortgage agreement is concluded in compliance with the general rules of the Civil Code of the Russian Federation on the conclusion of agreements, as well as the provisions of this Federal Law.

1. The mortgage agreement must specify the subject of the mortgage, its valuation, the nature, amount and term of performance of the obligation secured by the mortgage.

2. The subject of mortgage is determined in the agreement by indicating its name, location and a description sufficient to identify this subject.

The mortgage agreement must specify the right by virtue of which the property that is the subject of mortgage belongs to the pledgor, and the name of the body carrying out state registration of rights to real estate and transactions with it (hereinafter referred to as the body carrying out state registration of rights) that registered this right pledgor.

If the subject of mortgage is the right of lease belonging to the pledgor, the leased property must be defined in the mortgage agreement in the same way as if it were itself the subject of mortgage, and the term of the lease must be indicated.

3. The valuation of the subject of mortgage is determined in accordance with the legislation of the Russian Federation by agreement between the pledgor and the mortgagee, subject to the requirements of Article 67 of this Federal Law when mortgaged land, and is indicated in the mortgage agreement in monetary terms.

When state and municipal property is mortgaged, its appraisal is carried out in accordance with the requirements established by federal law, or in the manner determined by it.

In the case of a pledge of immovable property not completed by construction, which is in state or municipal ownership, an assessment of the market value of this property is carried out.

4. An obligation secured by a mortgage must be named in the mortgage agreement with an indication of its amount, the grounds for the occurrence and the term for fulfillment. In cases where this obligation is based on any contract, the parties to this contract, the date and place of its conclusion must be indicated. If the amount of the obligation secured by the mortgage is to be determined in the future, the mortgage agreement must indicate the procedure and other necessary conditions for its determination.

5. If an obligation secured by a mortgage is subject to performance in installments, the mortgage agreement must specify the terms (periodicity) of the relevant payments and their amounts, or conditions that make it possible to determine these amounts.

6. If the mortgagee's rights in accordance with Article 13 of this Federal Law are certified by a mortgage, this shall be indicated in the mortgage agreement, except for the cases when the mortgage is issued by virtue of law.

Article 10. State registration of a mortgage agreement

1. A mortgage agreement is concluded in writing and is subject to state registration.

An agreement that does not contain any of the data specified in Article 9 of this Federal Law or violates the rules of paragraph 4 of Article 13 of this Federal Law is not subject to state registration as a mortgage agreement.

Failure to comply with the rules on state registration of a mortgage agreement shall entail its invalidity. Such an agreement is considered null and void.

2. The mortgage agreement is considered concluded and comes into force from the moment of its state registration.

3. When a mortgage agreement is included in a loan or other agreement containing an obligation secured by a mortgage, the requirements established for a mortgage agreement must be observed with respect to the form and state registration of this agreement.

4. If it is specified in the mortgage agreement that the mortgagee's rights in accordance with Article 13 of this Federal Law are certified by a mortgage bond, the mortgage bond shall be submitted to the body responsible for the state registration of rights together with such an agreement. If the conclusion of the relevant agreement entails the emergence of a mortgage by virtue of law, in the case of drawing up a mortgage bond, the relevant agreement and the mortgage bond shall be presented. The body carrying out state registration of rights shall make a mark on the mortgage bond on the date and place of state registration of such an agreement, number and seal the pages of the mortgage bond in accordance with paragraph two of clause 3 of Article 14 of this Federal Law.

If the agreement, on the basis of which the mortgage bond was drawn up and issued, indicates that from the date of issuance to the mortgagee by the body carrying out state registration of rights, the mortgage agreement and the agreement, the obligation from which is secured by mortgage, terminate, all relations between the pledgor, the debtor and mortgagee are governed by this mortgage.

5. State registration of a mortgage agreement concluded to secure the repayment of a credit or loan granted to repay a previously granted credit or loan for the purchase or construction of a residential house or apartment, and the issuance of a mortgage, if its issuance is provided for by this mortgage agreement, may be carried out simultaneously with repayment of the mortgage and cancellation of the mortgage that was issued to secure the previously granted credit or loan, subject to the submission of such a mortgage to the body that carries out the state registration of rights.

Article 11

1. State registration of a mortgage agreement is the basis for making an entry on mortgage in the Unified State Register of Rights to Real Estate and Transactions Therewith.

The state registration of an agreement that entails the emergence of a mortgage by virtue of law is the basis for making an entry in the Unified State Register of Rights to Real Estate and transactions with it about the occurrence of a mortgage by virtue of the law.

2. Mortgage as an encumbrance of property pledged under a mortgage agreement arises from the moment of conclusion of this agreement.

In the case of a mortgage by virtue of law, a mortgage as an encumbrance of property arises from the moment of state registration of the right of ownership to this property, unless otherwise established by the agreement.

3. The rights of the pledgee (right of pledge) to property provided for by this Federal Law and the mortgage agreement shall be deemed to have arisen from the moment the mortgage entry is made in the Unified State Register of Rights to Real Estate and Transactions Therewith, unless otherwise established by federal law. If an obligation secured by a mortgage arose after an entry on the mortgage was made in the Unified State Register of Rights to Real Estate and transactions with it, the rights of the pledgee arise from the moment this obligation arises.

The rights of the pledgee (the right of pledge) to the pledged property are not subject to state registration.

Article 12

When concluding a mortgage agreement, the mortgagor is obliged to warn the mortgagee in writing about all the rights of third parties to the subject of mortgage known to him at the time of state registration of the agreement (rights of pledge, life use, lease, servitudes and other rights). Failure to fulfill this obligation gives the pledgee the right to demand early performance of the obligation secured by the mortgage or amendment of the terms of the mortgage agreement.

Chapter III. Mortgage

Article 13

1. The rights of a mortgagee under a mortgage-secured obligation and under a mortgage agreement may be certified by a mortgage bond, unless otherwise established by this Federal Law.

A mortgage bond may certify the rights of a mortgagee under a mortgage by virtue of law and under an obligation secured by this mortgage, unless otherwise established by this Federal Law.

The provisions stipulated for a mortgage bond under a mortgage by virtue of an agreement shall apply to a mortgage bond certifying the rights of a mortgagee under a mortgage by virtue of law and under an obligation secured by this mortgage, unless otherwise established by this Federal Law.

2. A mortgage bond is a registered security certifying the following rights of its legal owner:

the right to receive performance on monetary obligations secured by a mortgage, without presenting other evidence of the existence of these obligations;

the right to pledge property encumbered with a mortgage.

3. Persons liable under the mortgage shall be the debtor under the obligation secured by mortgage and the pledgor.

4. Drawing up and issuance of a mortgage bond shall not be allowed if:

1) the subject of mortgage is:

enterprise as a property complex;

Paragraph 4 is declared invalid.

the right to lease the property listed in this subparagraph;

2) the mortgage secures a monetary obligation, the amount of debt for which is not determined at the time of the conclusion of the contract and which does not contain conditions that make it possible to determine this amount at the appropriate time.

In the cases provided for by this paragraph, the terms of the mortgage in the mortgage agreement are invalid.

5. The mortgage bond is drawn up by the pledgor, and if he is a third party, also by the debtor under the obligation secured by the mortgage.

The mortgage bond is issued to the initial mortgagee by the body carrying out the state registration of rights after the state registration of the mortgage. A mortgage bond may be drawn up and issued to the mortgagee at any time prior to the termination of the obligation secured by the mortgage. If the mortgage bond is drawn up after the state registration of the mortgage, a joint application of the pledgee and the pledgor is submitted to the body carrying out state registration of rights, as well as a mortgage bond, which is issued to the mortgagee within one day from the moment the applicant applies to the body carrying out state registration of rights.

The transfer of rights under a mortgage bond and the pledge of a mortgage bond shall be carried out in accordance with the procedure established by Articles 48 and 49 of this Federal Law.

6. The debtor under a mortgage-secured obligation, the pledgor and the legal owner of the mortgage bond may, by agreement, change the previously established conditions of the mortgage bond.

7. When concluding an agreement specified in Clause 6 of this Article and Clause 3 of Article 36 of this Federal Law, and transferring the debt under a mortgage-secured obligation, such an agreement provides for either making changes to the content of the mortgage bond by attaching the original of such an agreement to it and indicating by the official of the body that performs state registration of rights, in the text of the mortgage bond itself to the agreement as to a document that is an integral part of the mortgage bond, in accordance with the rules of part two of Article 15 of this Federal Law, or the cancellation of the mortgage bond and, at the same time, the issuance of a new mortgage bond drawn up taking into account the relevant changes.

State registration of the agreement on changing the content of the mortgage bond, indicating in the text of the mortgage bond itself the agreement as a document that is an integral part of the mortgage bond, must be carried out as a transaction registration within one day from the moment the applicant applies to the state registration authority, with the presentation of the original mortgage bond and agreements to change the content of the mortgage.

An entry in the mortgage bond on the registered agreement on changing the content of the mortgage bond, indicating the date and number of its state registration, must be made by the state registrar, certified by his signature and sealed by the body that carries out the state registration of rights. These actions are carried out free of charge.

In case of cancellation of the mortgage bond and at the same time issuance of a new mortgage bond, together with an application for amendments to the records of the Unified State Register of Rights to Real Estate and transactions with it, the pledgor and the pledgee shall transfer to the body that carries out state registration of rights, the mortgage bond to be canceled and the new mortgage bond, which is handed over to the mortgagee instead of the canceled mortgage bond.

The canceled mortgage bond shall be kept in the archives of the body carrying out the state registration of rights until the date of the mortgage registration record being cancelled.

In the event that depositary registration (storage of mortgage bonds, accounting and transfer of rights to mortgage bonds) of the canceled mortgage bond was carried out, the new mortgage bond must contain a note on its depository accounting indicating the name and location of the depositary, in which the rights to the canceled mortgage bond were taken into account.

8. A mortgage bond may be transferred to a depositary for its depository accounting. Depository accounting of mortgage bonds is carried out in depositories - professional participants in the securities market, having an appropriate license issued in accordance with the procedure established by Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market".

In the event that a depositary record of a mortgage bond is carried out, it must be marked with a depository record containing the name and location of the depositary in which such record-keeping will be carried out. A note on depositary accounting, in appropriate cases, may be made by the originator of the mortgage bond when it is drawn up or by the owner of the mortgage bond after its issuance by the body that carries out the state registration of rights. After the mark on the depositary record of the mortgage bond has been made, at any time, on the basis of an agreement with the depositary, the owner of the mortgage bond may transfer the mortgage bond to the depositary for its depository record. When replacing the depository, the owner of the mortgage bond makes a note on it about the new depositary, indicating its name and location.

9. A note on the depository record of a mortgage bond must indicate that such record is temporary or mandatory. In the case of temporary depository accounting of a mortgage bond, its owner at any time has the right to demand from the depository to stop storing and recording the mortgage bond. In the event that a mandatory depositary record of a mortgage bond is carried out, it can be issued by the depository to the owner of the mortgage bond only for transferring it to another depository, providing it to courts, law enforcement agencies, bailiffs who have cases in progress related to real estate objects and (or) their right holders, as well as to transfer it to the body that carries out state registration of rights.

10. In the event that a depositary record of a mortgage bond is carried out, the rights of its owner are confirmed by an entry on the depo account in the depositary accounting system (hereinafter referred to as the record on the depo account).

11. If a mortgage bond is kept under depositary accounting, the depository, on the basis of the relevant instructions of the mortgage bond owner, is obliged to make an entry in the depositary accounting system on the depo account about the transfer of the mortgage bond to trust management, as a pledge, or about making another transaction with the mortgage bond, as well as at the request of the owner mortgage bond is a special entry that gives the mortgagee the right to sell the mortgage bond after a certain period of time in order to deduct from the proceeds the amount of the obligation secured by its pledge. In the event of termination of depository accounting, the mortgage depository shall make notes on it about encumbrances and about transactions that, according to the records entered into the depositary accounting system on depo accounts, are valid in relation to this mortgage bond at the time of termination of its depository accounting in this depository.

12. In the event that a depositary record of a mortgage bond is carried out, the transfer of rights to the mortgage bond, as well as other transactions with the mortgage bond, may be carried out only by making appropriate entries on the depo account.

13. The depositary shall have the right to involve another depository in the performance of its obligations for the storage and (or) accounting of mortgage bonds, if this is provided for by the depository agreement. In this case, additional marks on the mortgage are not made. The depositary shall be liable for the actions of another depositary designated by him as for his own.

Article 14

1. A mortgage bond at the time of its issuance to the initial pledgee by the body carrying out state registration of rights must contain:

1) the word "mortgage" included in the title of the document;

2) the name of the pledgor and information about the identity document, or its name and location, if the pledgor is a legal entity;

3) the name of the original pledgee and information about the identity document, or his name and location, if the pledgee is a legal entity;

4) the name of the loan agreement or other monetary obligation, the fulfillment of which is secured by a mortgage, indicating the date and place of conclusion of such an agreement or the grounds for the occurrence of an obligation secured by a mortgage;

5) the name of the debtor under a mortgage-secured obligation, if the debtor is not a pledgor, and information about the identity document of the debtor, or its name and location, if the debtor is a legal entity;

6) an indication of the amount of the obligation secured by the mortgage and the amount of interest, if they are payable on this obligation, or conditions that allow determining this amount and interest at the appropriate time;

7) an indication of the deadline for payment of the amount of the obligation secured by the mortgage, and if this amount is payable in installments, the timing (periodicity) of the relevant payments and the amount of each of them or the conditions that make it possible to determine these terms and amounts of payments (debt repayment plan);

8) the name and description sufficient for identification of the property on which the mortgage is established, and an indication of the location of such property;

9) the monetary value of the property, confirmed by the conclusion of the appraiser, on which the mortgage is established;

10) the name of the right by virtue of which the property that is the subject of mortgage belongs to the pledger, and the name of the body that registered this right, indicating the number, date and place of state registration, and if the subject of mortgage is the leasehold right belonging to the pledger - the exact name of the property that is the subject lease, in accordance with subparagraph 8 of this paragraph and the duration of this right;

11) an indication that the property that is the subject of mortgage is encumbered with the right of life use, lease, easement, other right or is not encumbered with any of the rights of third parties subject to state registration at the time of state registration of the mortgage;

12) the signature of the pledgor and, if he is not a debtor, also the signature of the debtor on the obligation secured by mortgage;

13) information on the state registration of a mortgage, as provided for in paragraph 2 of Article 22 of this Federal Law;

14) an indication of the date of issue of the mortgage bond to the mortgagee and the date of issue of the mortgage bond to its owner, if the mortgage bond was canceled and a new mortgage bond was drawn up, indicating the date of cancellation of the previous mortgage bond.

A document called a "mortgage bond" that nonetheless lacks any of the information referred to in subparagraphs 1 to 14 of this paragraph is not a mortgage bond and is not subject to issue to the original pledgee. In the case of issuing a mortgage bond under a mortgage by virtue of law, the inclusion in the mortgage of the data specified in subparagraph 10 of this paragraph shall be ensured by the body that carries out the state registration of rights. The procedure for including these data in the mortgage bond is determined by Article 22 of this Federal Law.

2. When drawing up a mortgage bond, it may also include data and conditions not provided for by paragraph 1 of this article.

Separate conditions of a mortgage bond may be determined by exemplary conditions developed for mortgage bonds, posted on the website on the Internet and published in a periodical printed edition distributed with a circulation of at least ten thousand copies. In this case, when drawing up the mortgage bond, instead of such conditions, it shall include an indication of the source in which such conditions are published.

3. If there is not enough space on the mortgage bond itself, including for notes on new owners and (or) partial fulfillment of an obligation secured by a mortgage, or an entry both during the preparation of the mortgage bond and after its issuance of other necessary information, an additional sheet is attached to it.

All sheets of the mortgage form a single whole. They must be numbered, attached to one another, certified by the signature of an official and sealed by the body that carries out state registration of rights. Separate sheets of a mortgage bond may not be the subject of transactions.

4. If the mortgage bond is inconsistent with the mortgage agreement or with the agreement, the obligation from which is secured by the mortgage, the content of the mortgage bond shall be considered correct, except for the case when its acquirer knew or should have known about such discrepancy at the time of the transaction.

The lawful owner of the mortgage bond has the right to demand the elimination of the specified discrepancy by canceling the mortgage bond in his possession and simultaneously issuing a new mortgage bond, if the demand was filed immediately after the lawful owner of the mortgage bond became aware of such discrepancy.

The originator of the mortgage bond shall be liable for losses incurred in connection with the specified discrepancy and its elimination.

Article 15

The mortgage bond may be accompanied by documents that determine the terms of the mortgage or are necessary for the mortgagee to exercise his rights under the mortgage.

If the documents attached to the mortgage bond are not named in it with such a degree of accuracy that is sufficient for their identification, and the mortgage bond does not say that such documents are an integral part of it, such documents are not binding for persons to whom the rights under the mortgage bond have been transferred as a result of its sale, pledge or otherwise.

Article 16

1. Any legal holder of a mortgage bond has the right to demand from the body carrying out state registration of rights to register him in the Unified State Register of Rights to Real Estate and Transactions Therewith as a pledge holder, indicating his name and an identity document, and if the holder of the mortgage bond is a legal entity - its name and location.

2. A debtor under an obligation secured by a mortgage who has received from the legal owner of the mortgage bond a written notice of the registration of the latter in the Unified State Register of Rights to Real Estate and transactions with it with a duly certified extract from this register, as well as a written notice of the acquisition by such owner of the mortgage bond transferred to the depository for depository accounting, with a properly certified statement of the depo account, is obliged to make interim payments on the specified obligation, without requiring each time to present him a mortgage. Such obligation of the debtor terminates upon receipt of written notice from that or another legal holder of the mortgage bond of the assignment of rights under the mortgage bond.

3. A registration entry about the legal owner of the mortgage bond must be made within one day from the moment the applicant applies to the body that carries out state registration of rights, upon presentation of the mortgage bond on the basis of:

the transfer of the right under the mortgage bond made in accordance with this Federal Law and made on the mortgage mark, if the person who made such an inscription was the legal owner of the mortgage bond or the mortgagee of the mortgage bond, in whose name a special mortgage transfer inscription was made and who sold the mortgage bond after the period specified in it ( article 49, paragraph 4);

documents confirming the transfer of rights under the mortgage to other persons as a result of the reorganization of a legal entity or by way of inheritance;

court decision on the recognition of the rights to the mortgage for the applicant.

In the event that a depository record-keeping of a mortgage bond is carried out, a registration entry about the holder of the mortgage bond is made on the basis of an extract from the depo account. This extract is certified by the signature of an authorized person acting as the sole executive body the depositary, or another person entitled to act on behalf of the depositary by proxy, and with the seal of the depositary indicated in the mortgage bond, without presenting the corresponding mortgage bond. This extract must contain the information necessary to make an entry about the owner of the mortgage bond in the Unified State Register of Rights to Real Estate and Transactions Therewith.

Article 17

1. When exercising his rights, the owner of the mortgage bond shall be obliged to present the mortgage bond to the obligated person (debtor or pledgor), in respect of whom the respective right is being exercised, at his request. The owner of the mortgage bond shall not present his mortgage bond if:

when a mortgage is pledged, it is transferred to the notary's deposit;

the mortgage bond is pledged with its transfer to the mortgagee of the mortgage bond;

on the mortgage bond before or after its issuance, a note was made about its depository accounting, the obligated person was notified about this and no notification was received about the termination of such registration.

If depositary accounting of the mortgage bond is carried out, the debtor shall have the right to demand from the holder of the mortgage bond, in confirmation of his rights, a depo account statement certified by the signature of an authorized person acting as the sole executive body of the depositary, or another person entitled to act on behalf of the depositary by proxy, and the seal of the depositary indicated in the mortgage bond.

2. Upon fulfillment of an obligation secured by a mortgage, the pledgee is fully obliged to immediately transfer the mortgage to the pledgor with a note on the fulfillment of the obligation in in full, and in cases where the obligation is discharged in parts, to certify its partial performance in a manner sufficient for the pledgor and obvious to possible subsequent mortgage holders, including by attaching relevant financial documents or making an entry on the mortgage on partial performance of the obligation.

3. The fact that the mortgage bond is held by the mortgagee or the absence of a mark or otherwise certificate on it of partial fulfillment of the obligation secured by mortgage indicates, unless otherwise proven, that this obligation or, accordingly, part of it has not been fulfilled, except for the case specified in paragraph 2 of Article 48 of this Federal Law .

The mortgage bond may indicate that partial fulfillment of the obligation under the mortgage bond is not certified. The obligation to prove the debtor's failure to fulfill the obligation in such a case rests with the creditor in accordance with civil law.

4. The debtor under a mortgage-secured obligation repays his debt in full or in part by properly fulfilling his obligations under the mortgage in accordance with the debt repayment plan to its legal owner or to a person authorized in writing by the legal owner of the mortgage to exercise rights under it.

5. If the mortgage bond is transferred to a notary's deposit when pledged, the mortgage debtor under the mortgage-secured obligation fulfills his obligation by paying the debt to the notary's deposit.

6. A person liable under a mortgage bond shall have the right to refuse the bearer of the mortgage bond to exercise his rights under the mortgage bond in cases where:

the court accepted for consideration a claim to invalidate the transfer of rights to this mortgage bond or to apply the consequences of the invalidity of this transaction;

the presented mortgage bond is invalid in connection with its loss by the legal owner and the issuance of a duplicate of the mortgage bond (Article 18) or in connection with a violation of the procedure for issuing a mortgage bond or its duplicate, for which the persons liable under them are not responsible;

the debtor, on the grounds specified in paragraph 2 of Article 48 of this Federal Law, is recognized as having partially fulfilled the obligation.

A person obligated under a mortgage bond shall not have the right to raise any objections not based on the mortgage bond against the claims of the lawful owner of the mortgage bond regarding the exercise of rights under it.

7. The presence of a mortgage bond with any of the persons liable under it or with the body carrying out the state registration of rights indicates, unless otherwise proven or established by this Federal Law, that the obligation secured by the mortgage has been fulfilled. The person in whose possession the mortgage bond turns out to be is obliged to immediately notify other persons from among the above mentioned about it.

In cases where, in accordance with this Federal Law, the mortgage bond is canceled, the body carrying out the state registration of rights, immediately upon receipt of the mortgage bond, shall cancel it by stamping "redeemed" on the front side or in any other way that does not allow the possibility of its circulation, with the exception of physical destruction. mortgage.

Article 18. Restoration of rights to a lost mortgage bond

1. Restoration of the rights to the lost mortgage bond shall be carried out by the pledgor, and if he is a third party, also by the debtor under the obligation secured by mortgage on the basis of:

applications addressed to them by a person listed in the Unified State Register of Rights to Real Estate and Transactions Therewith as a pledgee, if, according to the data entered in the said register in accordance with Article 16 of this Federal Law, it is possible to establish the legality of the rights to be restored to the lost mortgage bond, or if depository accounting of the mortgage bond is carried out, of the person who, according to the records on the depo accounts, is the owner of this mortgage bond.

applications addressed to them by a person who has lost a mortgage and is not listed in the Unified State Register of Rights to Real Estate and transactions with it as a pledgee, if it is possible to establish the legality of the rights of this person;

a court decision issued on the basis of the results of consideration in the manner of a special proceeding of a case on the establishment of facts of legal significance, in accordance with the procedural legislation of the Russian Federation.

1.1. Restoration of rights to a lost mortgage bond, the depositary record of which is being carried out, is carried out on the basis of a certificate issued by the relevant depository on the last owner of the mortgage bond indicating the fact of loss of this mortgage bond.

2. The mortgagor, and if he is a third party, also the debtor under the obligation secured by a mortgage, shall, within the shortest possible time, draw up a duplicate of the mortgage bond marked "duplicate" on it and transfer it to the body that carries out the state registration of rights.

3. A duplicate of the mortgage bond is issued by the body that carries out the state registration of rights by handing it over to the person who has lost the mortgage bond.

In the event that a depository record of a mortgage bond is carried out, the person who has lost the mortgage bond is recognized as the person who is the owner of the mortgage bond according to the records on the depo accounts.

4. The duplicate mortgage must fully correspond to the lost mortgage.

The originator of the mortgage bond duplicate shall be liable for losses incurred due to non-conformity of the mortgage bond duplicate with the lost mortgage bond. Persons liable under a mortgage bond shall not have the right to refuse the lawful owner of a duplicate of the mortgage bond to exercise rights under it in connection with the indicated discrepancy, if they are responsible for it.

Chapter IV. State registration of mortgage

Article 19

1. A mortgage is subject to state registration in the Unified State Register of Rights to Real Estate and Transactions Therewith in the manner established by the federal law on state registration of rights to real estate and transactions with it.

2. State registration of a mortgage is carried out at the location of the property that is the subject of the mortgage.

Article 20

1. State registration of a mortgage arising by virtue of a mortgage agreement is carried out on the basis of a joint application of the pledgor and the pledgee. State registration of a mortgage arising by virtue of a notarized mortgage agreement is carried out on the basis of an application from the mortgagor or mortgagee.

For state registration of a mortgage arising by virtue of a mortgage agreement, the following must be submitted:

mortgage agreement and its copy;

documents specified in the mortgage agreement as attachments;

other documents required for state registration of a mortgage in accordance with the legislation of the Russian Federation on state registration of rights to real estate and transactions with it.

2. Mortgage by virtue of law is subject to state registration. State registration of a mortgage by virtue of law is carried out without submitting a separate application and without paying a state fee.

The state registration of a mortgage by virtue of law is carried out simultaneously with the state registration of the property right of a person whose rights are encumbered by a mortgage, unless otherwise established by federal law. The rights of a mortgagee under a mortgage may be certified by a mortgage by virtue of law.

During the state registration of a mortgage, by virtue of law, information about the mortgagee is entered into the Unified State Register of Rights to Real Estate and Transactions Therewith on the basis of the contract from which the obligation secured by the mortgage arose. At the same time, it is not allowed to demand from the applicant other documents and information relating to the pledgee.

2.1. State registration of a mortgage by virtue of the law in respect of residential premises purchased using savings for housing provision of military personnel in accordance with Federal Law No. accumulative-mortgage system of housing provision for military personnel"), is carried out with registration as a mortgagee federal body executive power, which ensures the functioning of the accumulative mortgage system of housing for military personnel.

3. If the rights of the pledgee are certified by a mortgage bond, the following shall also be submitted to the body carrying out state registration of rights, along with the documents specified in paragraph 1 of this article:

a mortgage bond, the content of which must meet the requirements of Clause 1 of Article 14 of this Federal Law, with the exception of the requirement regarding the date of issue of the mortgage bond, information on the state registration of the mortgage, and the information provided for by Subclause 10 of Clause 1 of Article 14 of this Federal Law in the event that a mortgage bond is issued under a mortgage by virtue of law, and its copy;

documents named in the mortgage as attachments, and their copies.

4. State registration of an agreement on the assignment of rights under the main obligation or under a mortgage agreement is carried out upon a joint application of the former and new pledgees. For state registration of an assignment agreement, the following must be submitted:

assignment agreement;

document confirming the payment of the state fee;

previously registered mortgage agreement.

4.1. An application for state registration of a pledge of immovable property that secures claims constituting mortgage coverage, the share in the common ownership of which is certified by a mortgage participation certificate, shall be submitted by the manager of mortgage coverage.

For the state registration of a pledge of real estate that secures the claims constituting such mortgage coverage, in addition to other necessary in accordance with Federal Law No. 152-FZ of November 11, 2003 " About mortgage securities "and the Federal Law of July 21, 1997 No. 122-FZ" documents are submitted:

license to manage mortgage coverage, provided for by Article 17 of the Federal Law of November 11, 2003 No. 152-FZ " About mortgage-backed securities"(original or notarized copy);

rules of trust management of mortgage coverage.

4.2. The entry into the Unified State Register of Rights to Real Estate and Transactions Therewith of information about a new mortgagee as a result of the transfer of a mortgage bond is carried out in compliance with the requirements of Article 16 of this Federal Law at the request of the new owner of the mortgage bond. To enter such information, a mortgage bond with a note made on it about the transfer of rights to the mortgage bond to a new owner of the mortgage bond and a document confirming the payment of the state duty must be submitted.

5. A mortgage must be registered within one month from the date of receipt of the documents necessary for its registration to the body that carries out state registration of rights, and a mortgage of a dwelling - within five working days from the specified day.

6. State registration of a mortgage is carried out by making a registration entry on the mortgage in the Unified State Register of Rights to Real Estate and Transactions Therewith.

The date of state registration of a mortgage is the day of making a registration entry on a mortgage in the Unified State Register of Rights to Real Estate and Transactions Therewith. Registration entries in the Unified State Register of Rights to Real Estate and Transactions with it are made in the order determined on the basis of the dates of receipt of all necessary documents by the body responsible for state registration of rights.

7. For third parties, a mortgage is considered to have arisen from the moment of its state registration.

Article 21

1. State registration of a mortgage may be refused in the cases provided for by the federal law on state registration of rights to real estate and transactions with it, unless otherwise established by this Federal Law.

Suspension and (or) termination of state registration of a mortgage at the request of one of the parties to a transaction for the acquisition of residential premises is not allowed.

2. The state registration of a mortgage may be delayed for no more than one month if:

failure to submit any of the documents specified in paragraphs 2 and 3 of Article 20 of this Federal Law to the body carrying out state registration of rights;

non-compliance of the mortgage agreement, the mortgage bond and the documents attached to them with the requirements stipulated by the legislation of the Russian Federation;

the need to verify the authenticity of the submitted documents.

3. When making a decision to postpone the state registration of a mortgage, the body carrying out the state registration of rights requests the necessary documents or requires the elimination of identified discrepancies.

If the requirements of the specified body are not fulfilled within the period established by it, the state registration of the mortgage must be denied.

4. If there is a court dispute over the rights to the property that is the subject of mortgage, or regarding the foreclosure on it, the state registration of the mortgage shall be postponed until the dispute is resolved by the court.

5. A reasoned refusal to state registration of a mortgage must be sent to the mortgagor within the period established for its state registration.

Article 22

1. A mortgage registration entry in the Unified State Register of Rights to Real Estate and Transactions Therewith must contain information about the initial pledgee, the subject of mortgage and the amount of the obligation secured by it. If the mortgage agreement provides that the mortgagee's rights are evidenced by a mortgage, this is also indicated in the mortgage record.

These data are entered in the mortgage registry entry on the basis of a mortgage agreement or an agreement giving rise to a mortgage by operation of law.

1.1. Upon state registration of a pledge of immovable property that secures claims constituting mortgage coverage, the share in the common ownership of which is certified by a mortgage participation certificate, it is indicated in the Unified State Register of Rights to Real Estate and Transactions with It that the mortgagees of the said immovable property are the owners of mortgage participation certificates , the data on which are established on the basis of the data of personal accounts in the register of holders of mortgage participation certificates and depo accounts of holders of mortgage participation certificates, as well as an individual designation identifying mortgage participation certificates, in the interests of whose owners the trust management of such mortgage coverage is carried out.

In the case of inclusion in the composition of the mortgage coverage, the share in the common ownership of which is certified by a mortgage participation certificate, a claim certified by a mortgage, the state registration of the pledge of real estate that secures this claim is carried out at the request of the manager of the mortgage coverage.

2. The state registration of a mortgage is certified by an inscription on the mortgage agreement, and in the case of state registration of a mortgage by virtue of law - on a document that is the basis for the emergence of the pledgor's ownership of the property burdened by the mortgage. The inscription must contain the full name of the body that carries out the state registration of rights, the date, place of state registration of the mortgage and the number under which it is registered. These data are certified by the signature of an official and sealed by the body that carries out state registration of rights.

In the event of the acquisition of immovable property using credit funds from a bank or other credit organization or funds from a targeted loan provided by another legal entity, in the agreement that is the basis for the emergence of the pledgor’s ownership of the property burdened with mortgage, it is sufficient to indicate the name of the agreement or the basis from which the secured a pecuniary obligation, the date and place of conclusion of such an agreement or the date when the grounds for a pecuniary obligation secured by a mortgage arose.

3. If the mortgagee's rights are certified by a mortgage bond, the body that carries out the state registration of rights is obliged to ensure that, by the time the mortgage bond is issued, it contains the information provided for by paragraph 2 of this article, as well as subparagraphs 10 and 13 of paragraph 1 of article 14 of this Federal Law.

4. The body carrying out state registration of rights shall leave in its archive a copy of the mortgage agreement, and in case of state registration of mortgage by virtue of law - a copy of the document that is the basis for the emergence of the pledgor's ownership right to property burdened with mortgage. If the rights of the pledgee are certified by a mortgage, the body that carries out the state registration of rights also leaves in its archive a copy of the mortgage with attachments.

Article 23

1. Correction of technical errors in a mortgage registration entry is allowed on the basis of an application by the mortgagor or pledgee, with notification of the other party of the correction made, and provided that the said correction cannot cause damage to third parties or violate their legitimate interests.

2. Changes and additions to the mortgage registration entry are made on the basis of an agreement between the pledgor and the pledgee on changing or supplementing the terms of the mortgage agreement.

Changes and additions to the mortgage registration entry are not allowed if the mortgagee's rights are certified by a mortgage, except for the case provided for by Clause 6 of Article 13 of this Federal Law.

In cases where, after the state registration of a mortgage, by virtue of law, the pledgor and the pledgee have entered into a mortgage agreement, appropriate changes shall be made to the previously made mortgage registration entry.

3. Changes and additions to the mortgage registration entry in connection with the approval by the court of an amicable agreement on an obligation secured by a mortgage are made on the basis of the relevant judicial act, which approved the settlement agreement, and statements of the pledgor or pledgee.

Article 24. State duty

For state registration of a mortgage agreement and mortgage as a restriction (encumbrance) of rights to real estate, including making appropriate entries in the Unified State Register of rights to real estate and transactions with it and issuing documents on state registration, the state fee is paid once for all these actions in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.

Article 25

1. Unless otherwise provided by federal law, the mortgage registration entry shall be canceled within three working days from the date of receipt by the body carrying out state registration of rights, the application of the owner of the mortgage bond, the joint application of the pledgor and the pledgee, the application of the pledgor with the simultaneous submission of the mortgage bond containing the owner’s mark mortgage on the fulfillment of the obligation secured by the mortgage in full, or a decision of the court, arbitration court or arbitral tribunal to terminate the mortgage.

No other documents are required to redeem the mortgage registration record.

2. A note on the mortgage bond on the fulfillment of the obligation secured by a mortgage in full must include the words about such fulfillment of the obligation and the date of its fulfillment, and must also be certified by the signature of the owner of the mortgage bond and certified by his seal, if the owner of the mortgage bond is a legal entity.

3. When a mortgage registration entry is canceled in connection with the termination of the mortgage, the mortgage bond shall be canceled in accordance with the procedure established by this Federal Law. The canceled mortgage bond shall be transferred to the previously obligated person at his request.

Article 25.1. Cancellation of a mortgage registration entry in the event of liquidation of a mortgagee that is a legal entity

In the event of liquidation of a pledgee that is a legal entity, the mortgage registration entry shall be canceled on the basis of an application by the pledgor and an extract from the Unified State Register of Legal Entities confirming that an entry on the liquidation of this legal entity has been entered into the said register.

Article 26

The state registration of a mortgage is public. Any person has the right to obtain from the body that carries out the state registration of rights, information on whether there is a registration entry on the mortgage of the relevant property, and a certified extract from the registration entry on the mortgage.

A copy of the mortgage bond, located in the archive of the body that carries out state registration of rights, does not apply to documents of a public nature.

Article 27

Denial of state registration of a mortgage or evasion by the relevant body of its registration or issuance of a mortgage bond to the original mortgagee, refusal to make corrections to the mortgage registration entry, redemption of the mortgage registration entry in violation of the established rules, registration of a non-existent mortgage, refusal to exercise the rights provided for in Article 26 of this Federal Law, as well as other actions of the body carrying out state registration of rights that do not comply with federal law, may be appealed by an interested person to a court, an arbitration court in accordance with the procedural legislation of the Russian Federation.

Article 28. Responsibility of the body registering mortgage

The body carrying out the state registration of rights, which has registered or was supposed to register a mortgage, is obliged in accordance with the Civil Code of the Russian Federation and Article 31 of the Federal Law of July 21, 1997 No. 122-FZ " On state registration of rights to real estate and transactions with it"compensate the interested person for losses caused by their illegal actions (inaction), including:

unreasonable refusal in the state registration of a mortgage;

unreasonable refusal to make corrections to the registration record;

delay in the state registration of mortgages beyond the established period;

state registration of a mortgage in violation of the requirements imposed by the legislation of the Russian Federation on the content of the registration entry, or with other errors;

non-compliance with the requirements of paragraph 3 of Article 22 of this Federal Law;

evasion from issuing a mortgage (duplicate mortgage);

illegal redemption of the registration record;

unjustified refusal to perform the actions provided for in Article 26 of this Federal Law.

Chapter V. Ensuring the safety of property pledged under a mortgage agreement

Article 29

1. The pledgor retains the right to use the property pledged under the mortgage agreement. The pledgor has the right to use this property in accordance with its purpose.

The terms of the mortgage agreement restricting this right of the mortgagor shall be null and void.

Unless otherwise provided by the agreement, when using the pledged property, the pledgor must not allow the property to deteriorate and its value to decrease beyond what is caused by normal wear and tear.

2. The pledgor shall have the right to extract fruits and incomes from the property pledged under the mortgage agreement. The mortgagee does not acquire rights to these fruits and incomes, unless otherwise provided by the mortgage agreement.

Article 30. Maintenance and repair of pledged property

1. Unless otherwise provided by the mortgage agreement, the pledgor shall be obliged to maintain the property pledged under the mortgage agreement in good condition and bear the costs of maintaining this property until the mortgage is terminated.

2. Unless otherwise provided by the mortgage agreement, the mortgagor is obliged to carry out current and major repairs of the property pledged under the mortgage agreement within the time limits established by federal law, other legal acts of the Russian Federation (Items 3 and 4 of Article 3 of the Civil Code of the Russian Federation), or in the manner prescribed by them, and if such time limits are not fixed, within a reasonable time.

Article 31

1. Insurance of property pledged under a mortgage agreement is carried out in accordance with the terms of this agreement. An insurance contract for property pledged under a mortgage agreement must be concluded in favor of the pledgee (beneficiary), unless otherwise stipulated in the mortgage agreement or in the agreement entailing the emergence of a mortgage by virtue of law, or in the mortgage.

2. If there are no other conditions in the mortgage agreement on insurance of the pledged property, the pledgor shall be obliged to insure at his own expense this property in full value against the risks of loss and damage, and if the total value of the property exceeds the amount of the obligation secured by the mortgage - in an amount not less than the amount of this obligation.

3. The pledgee has the right to satisfy his claim under the obligation secured by a mortgage directly from the insurance indemnity for the loss or damage to the pledged property, regardless of in whose favor it is insured. This claim shall be subject to satisfaction predominantly over the claims of other creditors of the pledgor and persons in whose favor the insurance has been effected, with exceptions established by federal law.

The pledgee is deprived of the right to satisfy his claim from the insurance indemnity if the loss or damage to property occurred due to reasons for which he is responsible.

4. A borrower who is a mortgagor under a mortgage agreement has the right to insure the risk of his liability to the creditor for non-fulfillment or improper fulfillment of the obligation to repay the loan.

The borrower's liability insurance contract must be concluded in favor of the creditor-mortgage holder (beneficiary). Upon transfer of the creditor's rights in an obligation secured by a pledge of immovable property, the rights of the beneficiary under the insurance contract are transferred to the new creditor in full.

The sum insured under the borrower's liability insurance contract shall not exceed 20 percent of the value of the pledged property. The insurance premium is paid in a lump sum within the period established by the insurance contract. If the policyholder cancels the insurance contract, the insurance premium paid to the insurer is non-refundable.

An insured event under the borrower's liability insurance contract is the fact that the creditor presents a claim to him to repay the loan in case of insufficiency of the creditor Money proceeds from the sale of the pledged property and distributed in the manner prescribed by the mortgage legislation.

Article 32. Measures to protect the pledged property from loss and damage

In order to ensure the safety of the pledged property, including to protect it from encroachments by third parties, fire, natural disasters, the pledgor is obliged to take measures established by federal law, other legal acts of the Russian Federation (paragraphs 3 and 4 of Article 3 of the Civil Code of the Russian Federation) and the agreement on the mortgage, and if they are not established, the necessary measures corresponding to the usual requirements.

In the event of a real threat of loss or damage to the pledged property, the pledgor is obliged to notify the pledgee about this, if he knows him.

Article 33. Protection of pledged property from claims of third parties

1. In cases where other persons present claims to the pledgor for recognition of their right of ownership or other rights to the pledged property, for its withdrawal (reclamation) or for the encumbrance of the said property or other requirements, the satisfaction of which may entail a decrease in the value or deterioration of this property, the pledgor is obliged to immediately notify the pledgee about this, if he knows it. When a relevant claim is filed against the pledger in a court, arbitration court or arbitration court (hereinafter referred to as the court), he must involve such pledgee in participation in the case.

2. In the cases specified in paragraph 1 of this article, the pledgor must use appropriate circumstances to protect his rights to the pledged property, provided for in Article 12 of the Civil Code of the Russian Federation. If the pledgor has refused to protect his rights to the pledged property or does not exercise it, the pledgee has the right to use these methods of protection on behalf of the pledgor without a special power of attorney and demand from the pledgor compensation for the necessary expenses incurred in connection with this.

3. If the property pledged under the mortgage agreement turned out to be in the illegal possession of third parties, the pledgee is entitled, acting on his own behalf, to claim this property from someone else's illegal possession in accordance with Articles 301 - 303 of the Civil Code of the Russian Federation in order to transfer it into the possession of the pledger .

Article 34

The mortgagee has the right to check the documents and actually the presence, condition and conditions of maintenance of the property pledged under the mortgage agreement. This right belongs to the pledgee even if the pledged property is temporarily transferred by the pledgor to the possession of third parties.

The verification carried out by the pledgee must not create unjustified obstacles to the use of the pledged property by the pledger or other persons in whose possession it is.

Article 35

In case of gross violation by the pledgor of the rules for the use of the pledged property (paragraph 1 of Article 29), the rules for the maintenance or repair of the pledged property (Article 30), the obligation to take measures to preserve this property (Article 32), if such a violation creates a threat of loss or damage to the pledged property, and Also, in case of violation of the obligation to insure the pledged property (Items 1 and 2 of Article 31) or in case of an unjustified refusal to the pledgee to inspect the pledged property (Article 34), the pledgee has the right to demand early performance of the obligation secured by the mortgage.

If the satisfaction of such a claim is refused or it is not satisfied within the period stipulated by the agreement, and if such a period is not provided, within one month, the pledgee shall have the right to foreclose on the property pledged under the mortgage agreement.

Article 36. Consequences of loss or damage to pledged property

1. The pledgor bears the risk of accidental loss and accidental damage to property pledged under a mortgage agreement, unless otherwise provided by such an agreement.

2. If, due to circumstances for which the pledgee is not responsible, the pledged property is lost or damaged to such an extent that, as a result, the security of the obligation by mortgage has deteriorated significantly, the pledgee shall have the right to demand early performance of the obligation secured by the mortgage, including at the expense of insurance compensation in accordance with paragraph 3 of Article 31 of this Federal Law.

3. The pledgee cannot exercise the rights provided for in paragraph 2 of this article if an agreement in writing has been concluded between him and the pledgor on the restoration or replacement of lost or damaged property and the pledgor duly fulfills the terms of this agreement.

Chapter VI. Transfer of rights to property pledged under a mortgage agreement to other persons and encumbrance of this property with the rights of other persons

Article 37. Alienation of pledged property

1. Property pledged under a mortgage agreement may be alienated by the pledgor to another person by selling, donating, exchanging, making it as a contribution to the property of a business partnership or company or a share contribution to the property of a production cooperative, or in any other way only with the consent of the pledgee, if otherwise provided by the mortgage agreement.

2. In the case of issuing a mortgage bond, the alienation of the pledged property is allowed if the pledgor's right to this is provided for in the mortgage bond, subject to the conditions established therein.

3. The pledgor has the right to bequeath the pledged property. The terms of the mortgage agreement or other agreement restricting this right of the pledgor shall be null and void.

Article 38

1. A person who has acquired property pledged under a mortgage agreement as a result of its alienation or by way of universal succession, including as a result of reorganization of a legal entity or by way of inheritance, takes the place of the pledgor and bears all the obligations of the latter under the mortgage agreement, including and those that were not duly executed by the original pledgor.

A new pledgor may be released from any of these obligations only by agreement with the pledgee. Such an agreement is not obligatory for subsequent purchasers of the mortgage bond, if its state registration is not carried out and the rules of Article 15 of this Federal Law are not observed.

2. If the property pledged under a mortgage agreement was transferred to several persons on the grounds specified in paragraph 1 of this article, each of the legal successors of the original pledgor shall bear the consequences arising from the mortgage relations of the failure to fulfill the obligation secured by the mortgage in proportion to the part of the pledged property transferred to him. If the subject of mortgage is indivisible or, on other grounds, becomes the common property of the pledgor's legal successors, the legal successors become solidary pledgors.

3. A pledge of property under a mortgage agreement shall remain in force regardless of whether any rules established for such a transfer have been violated in the transfer of this property to other persons.

Article 39

In the event of alienation of property pledged under a mortgage agreement in violation of the rules of Clauses 1 and 2 of Article 37 of this Federal Law, the pledgee shall have the right, at his choice, to demand:

recognition of the transaction on the alienation of the pledged property as invalid and the application of the consequences provided for in Article 167 of the Civil Code of the Russian Federation;

early fulfillment of an obligation secured by a mortgage and to foreclose on the pledged property, regardless of who owns it.

In the latter case, if it is proved that the acquirer of property pledged under a mortgage agreement at the time of its acquisition knew or should have known that the property was being alienated in violation of the rules of Article 37 of this Federal Law, such acquirer shall be liable within the value of the said property. for non-fulfillment of an obligation secured by a mortgage jointly with the debtor under this obligation. If the pledged property is alienated in violation of the above rules by a pledgor who is not a debtor under an obligation secured by a mortgage, both the acquirer of the property and the former pledgor shall be jointly and severally liable with this debtor.

Article 40. Encumbrance of pledged property with the rights of other persons

1. Unless otherwise provided by a federal law or a mortgage agreement, the pledgor shall have the right, without the consent of the pledgee, to lease the pledged property, transfer it for temporary gratuitous use and, by agreement with another person, grant the latter the right to limited use of this property (servitude) under the conditions that :

the term for which the property is provided for use does not exceed the term of the obligation secured by the mortgage;

the property is provided for use for purposes corresponding to the purpose of the property.

2. If the pledgee levies execution on the pledged property on the grounds provided for by the federal law or the mortgage agreement, all lease rights and other rights of use in respect of this property, granted by the pledgor to third parties without the consent of the pledgee after the conclusion of the mortgage agreement, shall be terminated from the moment the mortgage agreement enters into force. legal force of the court decision on foreclosure on the property, and if the pledgee's claims are satisfied without recourse to the court (out of court), from the moment the person who won the auction concludes the contract of sale with the organizer of the auction, provided that the pledged property is sold at the auction , or from the moment of state registration of the property right of the pledgee in terms of the mortgage, provided that the pledged property is acquired into the ownership of the pledgee.

3. The pledged property may be provided by the pledger for use to third parties for a period exceeding the term of the obligation secured by the mortgage, or for purposes that do not correspond to the purpose of the property, only with the consent of the pledgee. If a mortgage bond is issued, granting the right to use the pledged property to third parties on these terms is allowed if the pledgor's right to this is provided for in the mortgage bond.

4. Provision by the pledgor of the pledged property for use to another person shall not release the pledgor from the performance of obligations under the mortgage agreement, unless otherwise provided by this agreement.

5. The encumbrance of property pledged under a mortgage agreement with other pledges shall be governed by the rules of Chapter VII of this Federal Law.

Article 41

1. If the right of ownership of the pledger to property that is the subject of mortgage is terminated on the grounds and in the manner established by federal law, as a result of the seizure (purchase) of property for state or municipal needs, its requisition or nationalization, and the pledger is provided with other property or appropriate compensation, the mortgage extends to the property provided in return, or the pledgee acquires the right to preferential satisfaction of his claims from the amount of compensation due to the pledgor.

The pledgee, whose interests cannot be fully protected by the rights provided for by part one of this paragraph, shall have the right to demand early performance of the obligation secured by mortgage and foreclosure on the property provided to the pledgor in exchange for the withdrawn one.

2. In cases where the property that is the subject of a mortgage is withdrawn from the pledgor by the state in the form of a sanction for committing a crime or other offense (confiscation), the mortgage shall remain in force and the rules of Article 38 of this Federal Law shall apply. However, the pledgee, whose interests cannot be fully protected by the application of these rules, has the right to demand early performance of the obligation secured by the mortgage and foreclosure of the confiscated property.

Article 42. Consequences of vindication of pledged property

In cases where the property that is the subject of a mortgage is withdrawn from the pledgor in accordance with the procedure established by federal law on the grounds that another person is actually the owner of this property (vindication), the mortgage in respect of this property is terminated. After the entry into force of the relevant court decision, the pledgee has the right to demand early performance of the obligation secured by the mortgage.

Chapter VII. Subsequent mortgage

Article 43. The concept of a subsequent mortgage and the conditions under which it is allowed

1. Property pledged under a mortgage agreement to secure the performance of one obligation (prior mortgage) may be pledged to secure the performance of another obligation of the same or another debtor to the same or another mortgagee (subsequent mortgage).

The sequence of pledgees is established on the basis of the data of the Unified State Register of Rights to Real Estate and Transactions with It on the Moment of Mortgage Origination, determined in accordance with the rules of Clauses 5 and 6 of Article 20 of this Federal Law.

2. A subsequent mortgage is allowed if it is not prohibited by previous mortgage agreements on the same property, the operation of which has not ceased by the time the subsequent mortgage agreement was concluded.

If the previous mortgage agreement provides for the conditions under which a subsequent mortgage agreement can be concluded, the latter must be concluded in compliance with these conditions.

3. A subsequent mortgage agreement concluded despite the prohibition established by the previous mortgage agreement may be recognized by the court as invalid at the claim of the pledgee under the previous agreement, regardless of whether the pledgee under the subsequent agreement knew about such a prohibition.

If the subsequent mortgage is not prohibited, but the subsequent agreement is concluded in violation of the conditions stipulated for it by the previous agreement, the claims of the mortgagee under the subsequent agreement are satisfied to the extent that their satisfaction is possible in accordance with the terms of the previous mortgage agreement.

4. The rules of paragraphs 2 and 3 of this article shall not apply if the parties to the previous and subsequent mortgage agreements are the same persons.

5. The conclusion of a subsequent mortgage agreement providing for the drawing up and issuance of a mortgage bond is not allowed.

Article 44 Modification of a previous mortgage agreement

1. The pledgor shall be obliged to inform each subsequent mortgagee before concluding an agreement on a subsequent mortgage with him, information about all existing mortgages of this property, provided for in paragraph 1 of Article 9 of this Federal Law.

Failure by the mortgagor to fulfill this obligation gives the pledgee, under a subsequent agreement, the right to demand termination of the agreement and compensation for the losses caused, unless it is proved that he could obtain the necessary information about previous mortgages on the basis of Article 26 of this Federal Law from the data on their state registration.

2. The pledgor who has entered into a subsequent mortgage agreement must immediately notify the pledgees of the previous mortgages and, upon their request, inform them of the information on the subsequent mortgage provided for by Clause 1 of Article 9 of this Federal Law.

3. After the conclusion of a subsequent mortgage agreement, a change in the previous agreement, entailing the provision of new claims of the previous mortgagee or an increase in the volume of claims already secured under this agreement (Article 3), is allowed only with the consent of the pledgee under the subsequent agreement, unless otherwise provided by the previous agreement on mortgage.

4. The rules of this article shall not apply if the parties to the previous and subsequent mortgage agreements are the same persons.

Article 45. State registration of subsequent mortgage

State registration of a subsequent mortgage shall be carried out in compliance with the rules of Chapter IV of this Federal Law.

In the subsequent mortgage agreement, notes are made on all registration records on previous mortgages on the same property.

A subsequent mortgage is noted in the records of all prior mortgages on the same property.

Article 46

1. Claims of the pledgee under the subsequent mortgage agreement shall be satisfied from the value of the pledged property subject to the requirements that the pledgee under the previous mortgage agreement has the right of priority to satisfy his claims.

2. In the event of foreclosure on the pledged property on claims secured by a subsequent mortgage, early performance of the obligation secured by the mortgage may be simultaneously demanded and foreclosure may be levied on this property also on the claims secured by the previous mortgage, the deadline for presenting which for collection has not yet come. If the pledgee under the previous mortgage agreement did not exercise this right, the property that is foreclosed on claims secured by the subsequent mortgage shall be transferred to its acquirer encumbered by the previous mortgage.

3. In the event of foreclosure on the pledged property under claims secured by a previous mortgage, it is allowed to simultaneously foreclose on this property and on claims secured by a subsequent mortgage, the time limit for which has not yet come for collection. Claims secured by a subsequent mortgage shall not be subject to early satisfaction if, in order to satisfy the claims secured by a previous mortgage, it is sufficient to foreclose on a part of the pledged property.

4. Prior to foreclosure on property, the pledge of which is secured by claims under the previous and subsequent mortgages, the pledgee, who intends to present his claims for foreclosure, is obliged to notify in writing the pledgee under another agreement on the mortgage of the same property.

5. The rules contained in this article shall not apply if the mortgagee under the previous and subsequent mortgages is one and the same person. In this case, the claims secured by each of the mortgages shall be satisfied in the order of priority corresponding to the terms for the performance of the relevant obligations, unless otherwise provided by federal law or agreement of the parties.

Chapter VIII. Assignment of rights under a mortgage agreement. Transfer and pledge of a mortgage

Article 47

1. The pledgee shall have the right, unless otherwise provided by the agreement, to transfer his rights to another person:

under a mortgage agreement;

under mortgage-backed obligation (main obligation).

2. The person to whom the rights under the mortgage agreement have been transferred shall take the place of the former mortgagee under this agreement.

Unless otherwise proven, the assignment of rights under a mortgage agreement also means the assignment of rights under an obligation secured by a mortgage (principal obligation).

3. Unless otherwise provided by the contract, the person to whom the rights under the obligation (main obligation) have been transferred shall also transfer the rights ensuring the fulfillment of the obligation.

Such a person takes the place of the former mortgagee under the mortgage agreement.

The assignment of rights under a mortgage-secured obligation (primary obligation) in accordance with paragraph 1 of Article 389 of the Civil Code of the Russian Federation must be made in the form in which the mortgage-secured obligation (primary obligation) was concluded.

4. The provisions of Articles 382, ​​384 - 386, 388 and 390 of the Civil Code of the Russian Federation on the transfer of creditor's rights by assignment of a claim shall apply to the relations between the person to whom the rights are assigned and the pledgee.

5. The assignment of rights under a mortgage agreement or an obligation secured by a mortgage, the rights of which are certified by a mortgage, is not allowed. When such a transaction is made, it is recognized as null and void.

Article 48

1. When transferring rights to a mortgage bond, a transaction is made in a simple written form.

When transferring rights to a mortgage bond, the person transferring the right shall make a note on the mortgage bond about the new owner, unless otherwise provided by this Federal Law.

The note must accurately and completely indicate the name (title) of the person to whom the rights to the mortgage bond have been transferred.

The note must be signed by the mortgagee indicated in the mortgage bond or, if this inscription is not the first, by the owner of the mortgage bond indicated in the previous mark. If the mark is made by a person acting under a power of attorney, information is indicated on the date of issue, the number of the power of attorney and, if the power of attorney is notarized, the notary who certified the power of attorney.

In the event that a depositary record of a mortgage bond is carried out, the transfer of rights is carried out by making an appropriate entry in the depo account. The rights to the mortgage bond shall pass to the acquirer from the moment a credit entry is made on the acquirer's depo account, which is sufficient proof that the acquirer has rights to the mortgage bond. At the same time, a note on the mortgage bond about its new owner is not made.

2. The transfer of rights to a mortgage bond to another person means the transfer thereby to this person of all the rights certified by it in the aggregate.

The owner of the mortgage bond owns all the rights certified by it, including the rights of the mortgagee and the rights of the creditor under the obligation secured by the mortgage, regardless of the rights of the initial mortgagee and previous owners of the mortgage bond.

Unless otherwise stipulated in the transaction specified in paragraph 1 of this article, when transferring rights to a mortgage bond with partial performance of an obligation secured by a mortgage (principal obligation), the obligations that should have been performed prior to the transfer of rights to the mortgage bond shall be considered fulfilled.

3. An owner of a mortgage bond is considered legal if his rights to the mortgage bond are based on the last mark on the mortgage bond made by the previous owner, unless otherwise provided by this paragraph. He is not considered the legal owner of the mortgage bond if it is proved that the mortgage bond has left the possession of any of the persons who made the endorsements, against their will, as a result of theft or in another criminal way, which the new owner of the mortgage bond, when acquiring it, knew or should have known .

In the event that a depositary record of a mortgage bond is carried out, the owner of the mortgage bond is considered legal if his rights to the mortgage bond are certified by an entry on the depo account. In case of termination of depositary registration, the depository shall make a note on the mortgage bond about the owner of the mortgage bond, which is such according to the record on the depo account at the moment the depository receives the instructions from the holder of the mortgage bond to terminate the registration of the mortgage bond in this depository.

4. The inscriptions on the mortgage bond, which prohibit its subsequent transfer to other persons, are void.

5. If a third party, in accordance with paragraph 2 of Article 313 of the Civil Code of the Russian Federation, has fulfilled the obligation secured by mortgage in full for the debtor, it shall have the right to demand that the mortgage be transferred to him. If the pledgee refuses to transfer the mortgage bond, a third party may demand that the mortgage bond be transferred to him in a judicial proceeding.

Article 49

1. A mortgage bond may be pledged under a mortgage bond agreement without transfer or with its transfer to another person (the pledgee of the mortgage bond) as security for an obligation under a loan agreement or other obligation that has arisen between this person and the pledgee originally named in the mortgage bond, or its other legal owner (mortgage holder).

2. When a mortgage bond is pledged without transferring it to the mortgagee, the procedure for foreclosing the mortgaged mortgage bond is regulated by Article 349 of the Civil Code of the Russian Federation.

3. When concluding an agreement on the pledge of a mortgage bond with its transfer to the mortgagee of the mortgage bond, the parties shall have the right to provide for:

1) levying execution on the pledged property in accordance with the procedure established by Article 349 of the Civil Code of the Russian Federation;

2) transfer of rights under a mortgage in the manner, on the terms and with the consequences provided for by Article 48 of this Federal Law;

3) implementation by the mortgage pledgee on the mortgage of a special mortgage inscription, giving the mortgagee of the mortgage the right to sell the mortgage after a certain period in order to withhold from the proceeds the amount of the obligation secured by its pledge.

4. The mortgage pledgee may make a special mortgage endorsement on the mortgage bond giving the mortgagee the right to sell the mortgage after a certain period of time in order to withhold from the proceeds the amount of the obligation secured by its pledge.

In the event that a depositary record of a mortgage bond is carried out, a special pledge endorsement shall be reflected by the depository in the form of a special entry on the depo account on the basis of the instruction of the holder of the mortgage bond.

Upon fulfillment of the obligation secured by the mortgage bond in full, the special pledge endorsement shall be redeemed by the pledgee making a notation of the redemption of such an inscription or, if the depositary record of the mortgage bond is being carried out, by making by the depositary on the basis of the instruction of the mortgagee of the mortgage bond a corresponding entry of the redemption on the depo account.

Chapter IX. Foreclosure on property pledged under a mortgage agreement

Article 50

1. The mortgagee shall have the right to foreclose on property pledged under a mortgage agreement in order to satisfy at the expense of this property the requirements named in Articles 3 and 4 of this Federal Law caused by non-fulfillment or improper fulfillment of an obligation secured by a mortgage, in particular, non-payment or untimely payment of the amount of the debt in full or in part, unless the contract provides otherwise.

In the event of a discrepancy between the terms of the mortgage agreement and the terms of the obligation secured by the mortgage with respect to claims that can be satisfied by foreclosure on the pledged property, preference is given to the terms of the mortgage agreement.

2. The clause was declared invalid in accordance with the Federal Law of December 30, 2008 No. 306-FZ.

3. For claims caused by non-fulfillment or improper fulfillment of an obligation secured by a mortgage, foreclosure on the pledged property cannot be levied if, in accordance with the terms of this obligation and the federal laws and other legal acts of the Russian Federation applicable to it (paragraphs 3 and 4 of Article 3 of the Civil Code of the Russian Federation) the debtor is released from liability for such non-performance or improper performance.

4. In the cases provided for by this Article, Articles 12, 35, 39, 41, 46 and 72 of this Federal Law, or by another federal law, the pledgee shall have the right to demand early performance of the obligation secured by the mortgage, and if this requirement is not met, to foreclose on the pledged property, regardless from proper or improper performance of an obligation secured by a mortgage.

5. Peculiarities of foreclosure on property mortgaged by law in accordance with Federal Law No. 214-FZ of December 30, 2004 "On Participation in the Shared 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 the Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation") are determined by the said Federal Law.

Article 51

Execution on the claims of the pledgee is levied on property pledged under a mortgage agreement by a court decision, except for cases where, in accordance with Article 55 of this Federal Law, it is allowed to satisfy such claims without applying to a court.

Article 52

A claim for foreclosure on property pledged under a mortgage agreement is brought in accordance with the rules of jurisdiction and jurisdiction of cases established by the procedural legislation of the Russian Federation.

Article 53

1. When levying execution on property pledged under two or more mortgage agreements, the pledgee must submit to the court in which the relevant claim is filed evidence of the fulfillment of the obligation provided for by Clause 4 of Article 46 of this Federal Law.

2. If it is clear from the materials of the case on foreclosure on pledged property that the mortgage was or should have been made with the consent of another person or body, the court in which the claim for foreclosure is brought shall notify the relevant person or body of this and provide him with the opportunity participate in this case.

3. Persons who have the right to use the pledged property based on the law or the contract (tenants, tenants, family members of the owner of the residential premises and other persons) or a property right to this property (servitude, the right to lifelong use and other rights) have the right to participate in the consideration of the case foreclosure of mortgaged property.

Article 54

1. Foreclosure on property pledged under a mortgage agreement may be refused in the cases provided for by Article 54.1 of this Federal Law.

2. When making a decision on foreclosure on property pledged under a mortgage agreement, the court must determine and indicate in it:

1) amounts payable to the pledgee from the value of the pledged property, except for the amounts of expenses for the protection and sale of property, which are determined upon completion of its sale. For amounts calculated as a percentage, the amount on which interest is accrued, the amount of interest and the period for which they are subject to accrual must be indicated;

2) the property that is the subject of mortgage, from the value of which the claims of the mortgagee are satisfied;

3) the method of realization of the property, which is foreclosed;

4) the initial sale price of the pledged property upon its sale. The initial sale price of property at public auction is determined on the basis of an agreement between the pledgor and the pledgee, and in the event of a dispute - by the court itself;

5) measures to ensure the safety of property before its sale, if any;

6) special conditions for holding public auctions, established by paragraph 3 of Article 62.1 of this Federal Law, if the subject of mortgage is the land plots specified in paragraph 1 of Article 62.1 of this Federal Law.

3. At the request of the pledgor, the court, if there are valid reasons, has the right in the decision to foreclose the pledged property to postpone its sale for a period of up to one year in cases where:

the mortgagor is a citizen, regardless of what property is pledged by him under a mortgage agreement, provided that the pledge is not related to the entrepreneurial activity of this citizen;

the subject of mortgage is a land plot from the composition of agricultural land.

When determining the period for which a delay in the sale of the pledged property is granted, the court takes into account, among other things, the fact that the amount of the pledgee's claims to be satisfied from the value of the pledged property at the time of the expiration of the delay must not exceed the value of the pledged property according to the assessment indicated in the report of an independent appraiser or decision court at the time of the sale of such property.

The postponement of the sale of the pledged property does not affect the rights and obligations of the parties under the obligation secured by the mortgage of this property, and does not release the debtor from compensation for the creditor's losses that have increased during the delay, the interest due to the creditor and the penalty.

If the debtor satisfies the claims of the creditor, secured by mortgage, within the time limit granted to him by the delay, to the extent that they have by the time the claim is satisfied, the court, at the request of the pledgor, cancels the decision to foreclose.

4. Postponement of the sale of the pledged property is not allowed if:

it may lead to a significant deterioration in the financial position of the pledgee;

a case has been initiated against the pledgor or pledgee to declare him insolvent (bankrupt).

Article 54.1. Grounds for refusal to foreclose on pledged property

1. Foreclosure on the pledged property in a judicial proceeding is not allowed if the debtor's violation of the obligation secured by the pledge is extremely insignificant and the amount of the pledgee's claims is clearly disproportionate to the value of the pledged property.

Unless otherwise proven, it is assumed that the breach of the obligation secured by the pledge is extremely insignificant and the amount of the pledgee's claims is clearly disproportionate to the value of the pledged property, provided that the following conditions are simultaneously met:

the amount of the unfulfilled obligation is less than five percent of the value of the subject of mortgage under the mortgage agreement;

the period of delay in fulfilling the obligation secured by the pledge is less than three months.

Unless otherwise provided by the mortgage agreement, foreclosure on property pledged to secure an obligation to be fulfilled by periodic payments is allowed in case of systematic violation of the terms for making them, that is, in case of violation of the terms for making payments more than three times within 12 months, even if each delay is insignificant.

2. Refusal to foreclose on the grounds specified in paragraph 1 of this article shall not be a ground for terminating a mortgage and an obstacle to a new filing of a claim with a court for foreclosure on the pledged property, if the circumstances that served as the basis for refusal are eliminated during such an appeal. in foreclosure.

3. Foreclosure on pledged property without recourse to a court (out of court) is not allowed if the following conditions are present simultaneously:

the amount of the unfulfilled obligation secured by the mortgage is less than five percent of the value of the subject of mortgage under the mortgage agreement;

the period of delay in fulfilling the obligation secured by the pledge is less than three months.

In this case, the mortgage is not terminated and the collection of the subject of pledge may be levied out of court after a change in the specified circumstances.

4. Foreclosure on residential premises owned by individuals is not allowed out of court.

Article 55

1. Satisfaction of the pledgee's claims at the expense of the property pledged under the mortgage agreement without going to court (out of court) is allowed on the basis of an agreement between the pledgee and the pledgor, which may be included in the mortgage agreement or concluded in the form of a separate agreement. The agreement is concluded subject to the presence of a notarized consent of the mortgagor to an extrajudicial procedure for foreclosing the pledged property. Such consent may be given before the conclusion of the mortgage agreement.

An agreement to satisfy the claims of a pledgee under a subsequent mortgage agreement is valid if it is concluded with the participation of pledgees under previous mortgage agreements.

2. Satisfaction of the requirements of the pledgee in the manner prescribed by paragraph 1 of this article is not allowed if:

1) for property mortgage individual the consent or permission of another person or body was required;

2) the subject of mortgage is an enterprise as a property complex;

2.1) the subject of mortgage is a land plot from the composition of agricultural land;

2.2) the subject of the mortgage are the land plots specified in paragraph 1 of Article 62.1 of this Federal Law;

3) the subject of mortgage is property that has a significant historical, artistic or other cultural value for society;

4) the subject of the mortgage is property that is in common ownership, and any of its owners does not give consent in writing or in another form established by federal law to satisfy the claims of the mortgagee out of court.

In these cases, foreclosure on the pledged property is levied by a court decision.

5) the subject of mortgage is residential premises owned by natural persons;

6) the subject of the mortgage is property that is in state or municipal ownership.

3. In the agreement on satisfaction of the pledgee's claims, concluded in accordance with paragraph 1 of this article, the parties may provide:

1) sale of the pledged property in accordance with the procedure established in Article 56 of this Federal Law;

2) the acquisition of the pledged property by the pledgee for himself or third parties with an offset against the purchase price of the claims of the pledgee against the debtor, secured by a mortgage. The said agreement may not provide for the acquisition of the pledged property by the pledgee if the subject of the mortgage is a land plot.

The rules of the civil legislation of the Russian Federation on the sale and purchase agreement are applied to the agreement on the acquisition of the pledged property by the pledgee, and in the case of the purchase of property by the pledgee for third parties - also on the commission agreement.

3.1. When levying execution on property pledged in accordance with subparagraph 2 of paragraph 3 of this article, it is acquired by the pledgee for himself or for third parties, offsetting against the purchase price the claims of the pledgee against the debtor, secured by a mortgage, at a price equal to the market value of such property, determined in the procedure established by the legislation of the Russian Federation on appraisal activities. The results of the appraisal of the pledged property may be appealed by interested parties in the manner prescribed by the legislation of the Russian Federation.

4. When concluding an agreement on satisfaction of the pledgee's claims in accordance with paragraph 1 of this article, the parties must indicate in it:

1) the name of the property pledged under the mortgage agreement, at the expense of which the claims of the pledgee are satisfied, the initial selling price or the procedure for determining it;

2) the amounts payable to the pledgee by the debtor on the basis of the obligation secured by the mortgage and the mortgage agreement, and if the pledger is a third party, also by the pledger;

3) the method of selling the pledged property or the condition for its acquisition by the pledgee;

4) prior and subsequent mortgages of this property known to the parties at the time of conclusion of the agreement and third parties' rights in rem and rights of use in relation to this property.

5. An agreement on the satisfaction of the pledgee's claims out of court, concluded on the basis of paragraph 1 of this article, may be recognized by the court as invalid on the claim of the person whose rights are violated by this agreement.

6. If the pledgor fails to fulfill the agreement on extrajudicial foreclosure on the pledged property, extrajudicial foreclosure on the pledged property is allowed, unless otherwise provided by federal law, on the basis of a notary's executive inscription in the manner established by the legislation on enforcement proceedings.

Article 55.1. Sale of pledged property

Settlement Agreement on an Obligation Secured by a Mortgage in the Case of Foreclosure on the Subject of Mortgage

1. The conclusion of an amicable agreement in accordance with the procedure established by the procedural legislation on an obligation secured by a mortgage does not entail the termination of the mortgage, unless otherwise provided by the amicable agreement. From the moment the court approves the amicable agreement, the mortgage secures the debtor's obligation, as amended by the approved amicable agreement.

2. Changes and additions to the mortgage registration entry in connection with the approval of the settlement agreement by the court shall be made in the manner established by paragraph 3 of Article 23 of this Federal Law.

Chapter X

Article 56. Sale of pledged property

1. Property pledged under a mortgage agreement, which is foreclosed on by a court decision in accordance with this Federal Law, shall be sold by sale at a public auction, except for the cases provided for by this Federal Law.

The procedure for conducting public auctions for the sale of property pledged under a mortgage agreement is determined by the procedural legislation of the Russian Federation, since no other rules are established by this Federal Law.

2. When making a decision to levy execution on the pledged property, the court may, with the consent of the pledgor and the pledgee, establish in the decision that the property is subject to sale in the manner prescribed by Article 59 of this Federal Law. The same way of selling the pledged property may be provided for by the pledgor and the pledgee in an agreement on the satisfaction of the pledgee's claims out of court, concluded in accordance with paragraph 1 of Article 55 of this Federal Law.

The sale of pledged property in the manner provided for in Article 59 of this Federal Law is not allowed in cases where the recovery of this property in accordance with paragraph 2 of Article 55 of this Federal Law cannot be levied out of court.

The procedure for the sale of property pledged under a mortgage agreement at an auction is determined by the rules of Articles 447–449 of the Civil Code of the Russian Federation and this Federal Law, and, where they do not provide for, it is determined by an agreement to satisfy the mortgagee's claims out of court.

3. In cases of foreclosure on the pledged right to lease immovable property, it is exercised in accordance with the rules of this Federal Law, followed by registration of the assignment of this right.

4. When deciding to levy execution on a land plot that is the subject of a mortgage in accordance with paragraph 1 of Article 62.1 of this Federal Law, the court, with the consent of the pledgor and mortgagee, may establish that such a land plot is subject to sale at an auction in the manner provided for in paragraph 4 of Article 62.1 of this Federal Law.

Article 57

1. Public auctions for the sale of pledged property are organized and conducted by the bodies that, in accordance with the procedural legislation of the Russian Federation, are entrusted with the execution of court decisions, unless otherwise established by federal law.

2. Public auctions for the sale of pledged property are held at the location of this property.

3. The organizer of the public auction shall notify about the forthcoming public auction not later than 10 days, but not earlier than 30 days before its holding in a periodical, which is the official information body of the executive authority of the constituent entity of the Russian Federation, at the location of the immovable property, as well as sends relevant information for posting on the Internet in the manner prescribed by the Government of the Russian Federation. The notice shall indicate the date, time and place of the public auction, the nature of the property being sold and its initial selling price.

4. Persons wishing to take part in public auctions make a deposit in the amount, terms and procedure that must be indicated in the notice of public auctions. The amount of the deposit may not exceed 5 percent of the initial sale price of the pledged property.

For persons who participated in public auctions, but did not win them, the deposit is returned immediately after the end of the public auction. The deposit is also refundable if the public auction does not take place.

5. The presence at public auctions for the sale of pledged property of persons not participating in them may be limited only by local self-government bodies in the interests of maintaining public order. At public auctions, in any case, persons who have rights to use the property being sold or real rights to this property, as well as mortgagees on subsequent mortgages, have the right to be present.

6. The winner of the public auction is the person who offered the highest price for the property being sold at the public auction. This person and the organizer of the public auction sign on the day of the auction the protocol on the results of the public auction. The evasion of any of them from signing the protocol entails the consequences provided for by paragraph 5 of Article 448 of the Civil Code of the Russian Federation.

7. The person who won the public auction must, within five days after the end of the auction, deposit the amount for which he purchased the pledged property (purchase price), minus the deposit paid earlier, to the account indicated by the organizer of the public auction. If this amount is not paid, the deposit will not be returned.

8. Within five days from the date of payment of the purchase price by the person who won the public auction, the organizer of the public auction concludes a contract of sale with him. This agreement and the protocol on the results of public auctions are the basis for making the necessary entries in the Unified State Register of Rights to Real Estate and Transactions Therewith.

Article 58

1. The organizer of public auctions declares them invalid in cases where:

1) there were less than two buyers at the public auction;

2) no markup has been made at the public auction against the initial sale price of the pledged property;

3) the person who won the public auction did not pay the purchase price within the prescribed period.

Public auctions must be declared invalid no later than the day after any of the above circumstances took place.

2. Within 10 days after the announcement of the public auction as failed, the pledgee shall have the right, by agreement with the pledgor, to purchase the pledged property at its initial sale price at the public auction and set off against the purchase price his claims secured by the mortgage of this property.

The rules of the civil legislation of the Russian Federation on the contract of sale are applied to such an agreement. Mortgage in this case is terminated.

3. If the agreement on the acquisition of property by the pledgee, provided for in paragraph 2 of this article, has not taken place, no later than one month after the first public auction, a repeated public auction shall be held. The initial sale price of the pledged property at repeated public auctions, if they are caused by the reasons specified in subparagraphs 1 and 2 of paragraph 1 of this article, is reduced by 15 percent. Public auctions are held in the manner prescribed by Article 57 of this Federal Law.

4. In the event that repeated public auctions are declared invalid for the reasons specified in paragraph 1 of this article, the pledgee shall have the right to acquire (retain) the pledged property at a price not more than 25 percent lower than its initial selling price at the first public auction, with the exception of land plots specified in Clause 1 of Article 62.1 of this Federal Law, and set off against the purchase price their claims secured by the property mortgage.

If the pledgee has retained the pledged property, which by its nature and purpose cannot belong to him, including property of significant historical, artistic or other cultural value for society, a land plot, he is obliged to alienate this property within a year in accordance with with Article 238 of the Civil Code of the Russian Federation.

5. If the mortgagee fails to use the right to keep the subject of mortgage within one month after the announcement of repeated public auctions as failed, the mortgage shall be terminated.

The pledgee is considered to have exercised this right if, within a month from the date of the announcement of the repeated public auction as failed, he sends the organizer of the auction or, if the foreclosure was carried out in court, the organizer of the auction and the bailiff-executor, an application (in writing) to leave the subject of mortgage behind him. The protocol on recognizing repeated public auctions as invalid, the pledgee's application to retain the subject of mortgage and the document confirming the submission of the application to the organizer of the auction are sufficient grounds for registering the mortgagee's ownership of the subject of mortgage.

6. Special conditions for conducting public auctions for the sale of land plots that are the subject of mortgage in accordance with paragraph 1 of Article 62.1 of this Federal Law are established by paragraph 3 of Article 62.1 of this Federal Law.

Article 59. Sale of pledged property by agreement of the parties

1. Realization of the subject of mortgage by agreement of the parties in an extrajudicial procedure for levying execution on the pledged property is carried out by holding an open auction by the auction organizer, who acts on the basis of an agreement with the pledgee and acts on his or his own behalf.

The amount of remuneration of the organizer of the auction is withheld by him from the amount received from the sale of the subject of mortgage. If the remuneration of the auction organizer exceeds three percent of the amount received from the sale of the subject of mortgage, the difference between the remuneration provided for by the agreement with the organizer of the auction and three percent of the amount received from the sale of the subject of mortgage shall not be reimbursed at the expense of the value of the subject of mortgage and shall be paid at the expense of mortgagee.

2. The sale of pledged property at a closed auction is allowed only in cases provided for by federal law.

3. Prior to holding an auction, the auction organizer or the pledgee shall send a notification to the pledgor about the need to fulfill the obligation secured by the mortgage. The notice shall be sent to the pledgor by registered mail at the address specified in the mortgage agreement, or at another known place of residence or location of the pledgor. A notice of the need to fulfill an obligation secured by a mortgage must contain the following information:

1) the amount of the unfulfilled obligation as of the date of sending the notification;

2) an offer to fulfill an obligation secured by a mortgage;

3) a warning that if the obligation is not fulfilled within the period specified in the notice, the pledgee has the right to foreclose on the pledged property.

4. If the requirements contained in the notice of the auction are not satisfied, within 10 days from the date of receipt of the notice by the pledgor or, if this period expires earlier, 45 days from the day the pledgee or the organizer of the auction sends such a notice to the pledgor, the organizer of the auction sends the pledger, pledgee a notice of bidding and publishes a bidding notice.

5. Notification of the auction should contain the following information:

1) name, place of residence or name, location of the pledgor;

2) name, place of residence or name, location of the pledgee;

3) the name of the obligation secured by the mortgage. In cases where this obligation is based on an agreement, the parties to this agreement, the date and place of its conclusion must be indicated;

4) the name, description and characteristics of the immovable property that is the subject of mortgage;

5) time and place of bidding;

6) name, location, telephone number of the auction organizer.

1) the name, location, description and characteristics of the immovable property that is the subject of mortgage;

2) the amount, term and procedure for making a deposit by persons participating in the auction. The amount of the deposit may not exceed five percent of the initial sale price of the pledged property;

3) the procedure and terms for payment of the purchase price following the results of the auction;

4) time and place of the auction;

5) name, location, contact number of the auction organizer and his payment details.

7. A notice of an auction must be published in a periodical, which is the official information body of the executive authority of the constituent entity of the Russian Federation, at the location of the real estate.

8. From the date of the first publication of the auction notice, the pledgor shall not be entitled to make transactions in relation to the subject of mortgage (with the exception of transactions with the pledgee aimed at terminating the obligation secured by the mortgage), and if such transactions were made, they person concerned may be invalidated.

9. At least ten days must elapse from the date of the first publication of the notice of the bidding until the date of the bidding.

10. If in the course of the sale of pledged immovable property without recourse to a court (out of court), this Federal Law provides for the obligatory engagement of an appraiser, the initial sale price of the subject of mortgage is set equal to eighty percent of the value of the immovable property determined in the appraiser's report, provided that it is not otherwise specified agreement of the parties on extrajudicial foreclosure of mortgaged immovable property. Unless otherwise provided by federal law, the involvement of an appraiser to determine the initial sale price of the pledged real estate is mandatory when foreclosing on:

1) the right to lease real estate;

2) the rights of claim of a participant in shared construction arising from an agreement on participation in shared construction that meets the requirements of the Federal Law "On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation";

3) immovable property, the valuation of which under the mortgage agreement is more than five hundred thousand rubles.

11. The pledgor, at the written request of the pledgee, no later than three working days after the presentation of such a request, is obliged to transfer to the pledgee the documents necessary for holding auctions and transferring the subject of mortgage into the ownership of the person who won the auction.

In the event that prior to the sale of the subject of mortgage, the debtor, the pledgor or a third party has fully satisfied all the claims of the mortgagee secured by the mortgage in the amount available by the time of payment of the relevant amounts, the mortgagee, no later than the working day following the day the funds are credited to his account, is obliged to return to the pledgor all documents previously transferred to him by the pledgor.

12. The provisions established by paragraphs 2, 4 - 8 of Article 57 of this Federal Law also apply to the sale of property by agreement of the parties.

13. The grounds, procedure and consequences for declaring an auction void are governed by Article 58 of this Federal Law.

14. In order to sell the pledged property in the manner prescribed by this article, the pledgee has the right to conclude on its own behalf all the necessary transactions and corresponding to its legal capacity (including agreements with the organizer of the auction and the appraiser), as well as sign all necessary for the sale of the pledged property documents, including acceptance certificates.

Article 60

1. A debtor under a mortgage-secured obligation and a pledgor who is a third party shall have the right to stop foreclosing the pledged property by satisfying all claims of the pledgee secured by mortgage, to the extent that these claims have by the time the relevant amounts are paid. This right may be exercised at any time until the sale of the pledged property at public auction, auction or tender, or the acquisition of the right to this property in the prescribed manner by the pledgee.

2. A person demanding the termination of foreclosure on the pledged property or its sale shall be obliged to reimburse the pledgee for the expenses incurred in connection with the foreclosure of this property and its sale.

Article 61. Distribution of the proceeds from the sale of pledged property

The amount proceeds from the sale of property pledged under a mortgage agreement, after withholding from it the amounts necessary to cover expenses in connection with the foreclosure of this property and its sale, is distributed among the pledgees who have declared their claims for collection, other creditors of the pledgor and the pledgor himself . The distribution is carried out by the body executing court decisions, and if the execution of the pledged property was levied out of court, by the auction organizer in compliance with the rules of Article 319, paragraph 1 of Article 334 and paragraphs 3 and 4 of Article 350 of the Civil Code of the Russian Federation, as well as Article 46 of this Federal law.

If the subject of the mortgage to be foreclosed on is state or municipal property, the amounts to be transferred to the pledgor in the order and priority determined by this article shall be credited to the appropriate budget.

Chapter XI. Features of the mortgage of land plots

Article 62

1. Under a mortgage agreement, land plots may be mortgaged insofar as the relevant land, on the basis of federal law, is not excluded from circulation or is not limited in circulation.

1.1. If a land plot is transferred under a lease agreement to a citizen or a legal entity, the tenant of the land plot has the right to pledge the lease rights of the land plot within the term of the land plot lease agreement with the consent of the owner of the land plot.

A pledge of lease rights to a land plot that is in state or municipal ownership by the tenant of such a land plot is allowed within the term of the lease agreement with the consent of the owner of the land plot. When renting a land plot that is in state or municipal ownership for a period of more than five years, a pledge of the right to lease is allowed without the consent of the owner of the land plot, subject to notification.

2. In the case of common shared or joint ownership of land plots specified in paragraph 1 of this article, a mortgage can only be established on a land plot owned by a citizen or legal entity, allocated in kind from lands that are in common shared or joint ownership.

Article 62.1. Mortgage of land plots in municipal ownership and land plots, state ownership of which is not delimited

1. The subject of pledge under a mortgage agreement may be land plots that are in municipal ownership, and land plots, state ownership of which is not demarcated, if such land plots are intended for housing construction or for comprehensive development for the purposes of housing construction and are transferred as security for the return a loan provided by a credit institution for the development of these land plots through the construction of engineering infrastructure facilities.

2. Decisions on the mortgage of land plots that are in municipal ownership and specified in paragraph 1 of this article are taken by local governments.

Decisions on the mortgage of land plots, state ownership of which is not demarcated and which are specified in paragraph 1 of this article, are taken by the bodies state power subjects of the Russian Federation or local self-government bodies empowered to dispose of the said land plots in accordance with the legislation of the Russian Federation.

3. Organization and conduct of public auctions for the sale of land plots specified in paragraph 1 of this article shall be carried out in accordance with Articles 57 and 58 of this Federal Law, taking into account the special conditions on the maximum number of repeated public auctions and the amount of reduction in their initial selling price.

After the announcement of all public auctions for the sale of a land plot specified in paragraph 1 of this article as failed, the mortgage of such a land plot is terminated.

4. If the land plot specified in paragraph 1 of this article is subject to sale on the basis of paragraph 4 of Article 56 of this Federal Law, such a land plot is sold in the manner established by Article 38.1 of the Land Code of the Russian Federation, taking into account the following features:

the initial sale price is established by a court decision on foreclosure on a land plot pledged under a mortgage agreement;

the organizer of the auction is a specialized organization chosen by the pledgee with the consent of the pledger;

the maximum number of repeated auctions and the amount of reduction of the initial sale price on them are determined by the pledgee with the consent of the pledgor, and in the event of a dispute - by the organizer of the auction.

After all auctions are declared invalid or after the conclusion of a contract for the sale of a land plot specified in paragraph 1 of this article with a single auction participant, the mortgage of this land plot is terminated.

Article 63. Land plots not subject to mortgage

1. Mortgage of land plots in state or municipal ownership in accordance with this Federal Law is not allowed, with the exception of land plots specified in paragraph 1 of Article 62.1 of this Federal Law.

2. It is not allowed to mortgage a part of a land plot, the area of ​​which is less than the minimum size established by the regulations of the constituent entities of the Russian Federation and the regulations of local governments for lands of various purposes and permitted use.

Article 64

1. Unless otherwise provided by a mortgage agreement or an agreement giving rise to a mortgage by virtue of law, when a land plot is mortgaged, the right of pledge also extends to the pledgor's building or structure located or under construction on the land plot.

The pledgor's right to dispose of such a building or structure, the conditions and consequences of the transfer of rights to such a building or structure to other persons are determined by the rules of Chapter VI of this Federal Law.

If there is a condition in the contract providing that a building or structure located or under construction on the land plot and belonging to the pledgor is not pledged to the same pledgee, the pledgor, when levying execution on the land plot, retains the right to such a building or structure and acquires the right of limited use (servitude) of that part of the land plot, which is necessary for the use of such buildings or structures in accordance with their purpose. The conditions for the use of the specified part of the land plot are determined by an agreement between the pledgor and the pledgee, and in the event of a dispute - by the court.

2. The pledger of a land plot has the right, without the consent of the pledgee, to dispose of the buildings and structures belonging to him on this plot, to which, in accordance with paragraph 1 of this article, the right of pledge does not apply.

In the event of the alienation of such a building or structure to another person and the absence of an agreement with the pledgee otherwise, the rights that this person can acquire to the mortgaged land plot are limited by the conditions provided for in part three of paragraph 1 of this article.

3. Has expired

4. If on the mortgaged land plot from the composition of agricultural land there are buildings, structures, structures, including those being erected on such a land plot, or other real estate objects firmly connected with the land plot, belonging on the same right to the owner of such land plot, the mortgage of such of a land plot is allowed only with simultaneous mortgage of real estate objects firmly connected with it.

Article 64.1. Mortgage of a land plot acquired with the use of credit funds of a bank or other credit organization or funds of a targeted loan

1. Unless otherwise provided by federal law or an agreement, a land plot acquired with the use of credit funds from a bank or other credit organization or funds from a targeted loan provided by another legal entity for the acquisition of this land plot is considered to be pledged from the moment of state registration of the borrower's ownership right to this land.

If the relevant land plot is leased, a mortgage arises by virtue of law for the right to lease, unless otherwise provided by federal law or the lease agreement.

The pledgee under this pledge is a bank or other credit institution or other legal entity that has provided a loan or targeted loan for the acquisition of a land plot or the right to lease a land plot.

2. To the pledge of a land plot or the right to lease a land plot arising on the basis of paragraph 1 of this article, the rules on the pledge of immovable property arising by virtue of an agreement and the right to lease immovable property shall be applied accordingly.

Article 64.2. Mortgage of a land plot on which buildings or structures are located, acquired or built using credit funds from a bank or other credit organization or funds from a targeted loan

1. Unless otherwise provided by federal law or an agreement, a land plot on which, with the use of credit funds from a bank or other credit organization or funds of a targeted loan provided by another legal entity, a building or structure was acquired, built or under construction, or the right to lease such a land plot is considered to be pledged from the moment of state registration of the right of ownership to the acquired, built or under construction building or structure or from the moment the body responsible for state registration of rights receives notification of the pledgor and the pledgee about the conclusion of a loan agreement (loan agreement with the condition of intended use) with the application of the specified contracts.

2. The pledgee under the pledge specified in paragraph 1 of this article is a bank or other credit organization or other legal entity that has provided a loan or a targeted loan for the construction or acquisition of a building or structure.

Article 65

1. On a land plot pledged under a mortgage agreement, the pledgor shall have the right, without the consent of the pledgee, to erect buildings or structures in accordance with the established procedure, unless otherwise provided by the mortgage agreement. Unless otherwise provided by the mortgage agreement, the mortgage extends to these buildings and structures.

If the construction by the pledgor of a building or structure on a mortgaged land plot entails or may entail a deterioration in the security provided to the pledgee by the mortgage of this plot, the pledgee shall have the right, in accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, to demand an amendment to the mortgage agreement, including, if necessary, by extending the mortgage on the erected building or structure.

2. The erection of buildings or structures on a mortgaged land plot, if the rights of the mortgagee are certified by a mortgage, is allowed only if the right of the pledger to this is provided for in the mortgage, subject to the conditions that are reflected in it.

Article 66

If a mortgage is established on a land plot on which a building or structure is located that belongs not to the pledgor, but to another person, when the pledgee levies execution on this plot and its sale, the rights and obligations that the pledgor had as the owner of the plot transfer to the acquirer of the plot .

Article 67

1. The appraisal of a land plot is carried out in accordance with the legislation regulating appraisal activities in the Russian Federation.

2. The collateral value of a land plot pledged under a mortgage agreement is established by agreement between the pledgor and the pledgee.

3. The clause was declared invalid in accordance with the Federal Law of May 13, 2008 No. 66-FZ.

Article 68

1. A land plot acquired through sale at a public auction, auction or tender is subject to the requirements for permitted use.

A person who has acquired a land plot by selling it at a public auction, auction, or by competition shall have the right to change the purpose of the land plot only in cases provided for by the land legislation of the Russian Federation, or in the manner prescribed by this legislation.

2. The sale and acquisition at public auction, auction or by competition of mortgaged land plots shall be carried out in compliance with the restrictions established by federal law in relation to the circle of persons who can acquire such plots.

3. It is not allowed to foreclose on a mortgaged land plot from the composition of agricultural land before the expiration of the corresponding period of agricultural work, taking into account the time required for the sale of produced or produced and processed agricultural products.

This requirement is valid until November 1 of the year in which the fulfillment of the obligation secured by the mortgage or a part thereof is provided for, unless another date is provided by the mortgage agreement.

4. Foreclosure by the pledgee on the mortgaged land plot and its sale shall be grounds for the termination of the right to use it by the pledger and any other persons owning such a land plot.

Chapter XII. Features of the mortgage of an enterprise, building, structure and non-residential premises

Article 69

When an enterprise is mortgaged as a property complex (hereinafter referred to as the enterprise), the right of pledge extends to all the property included in it (paragraph 2 of Article 340 of the Civil Code of the Russian Federation). Mortgage of a building or structure is allowed only with simultaneous mortgage under the same agreement of the land plot on which this building or structure is located, or of the right to lease this plot belonging to the pledgor.

The right of pledge does not apply to the right of permanent use of the land plot on which the enterprise, building or structure is located, belonging to the pledgor. When foreclosing such an enterprise, building or structure, the person who acquires this property into ownership acquires the right to use the land plot on the same terms and to the same extent as the former owner (mortgagor) of the immovable property.

Article 69.1. Mortgage of buildings, structures and non-residential premises acquired with the use of credit funds of a bank or other credit organization or funds of a targeted loan

Unless otherwise provided by federal law or an agreement, a building or structure and a land plot on which this building or structure is located, non-residential premises, acquired in whole or in part with the use of credit funds of a bank or other credit institution or funds of a target loan provided for their acquisition by another legal entity, are considered to be pledged from the moment of state registration of the borrower's ownership of this building or structure, ownership or lease rights to the land plot on which this building or structure is located, ownership of this non-residential premises.

The pledge holders under this pledge are the bank or other credit organization or other legal entity specified in the first part of this article.

Article 70. Mortgage of an enterprise as a property complex

1. Mortgaging an enterprise is allowed with the consent of the owner of the property related to the enterprise, or a body authorized by him. An enterprise mortgage agreement entered into in violation of this requirement is void.

2. If the subject of mortgage is an enterprise and otherwise is not provided by the agreement, the pledged property includes tangible and intangible assets related to this enterprise, including buildings, structures, equipment, inventory, raw materials, finished products, rights of claim, exclusive rights.

3. The composition of the property related to the enterprise to be mortgaged and the assessment of its value are determined on the basis of a complete inventory of this property. The act of inventory, the balance sheet and the conclusion of an independent auditor on the composition and value of property related to the enterprise are mandatory annexes to the mortgage agreement.

In cases where the valuation is mandatory by law, the report on the valuation of property related to the enterprise is also a mandatory annex to the contract.

Article 71

1. The mortgage of an enterprise may secure an obligation, the amount of which is not less than half of the value of the property related to the enterprise.

2. Mortgage of an enterprise secures a monetary obligation to be fulfilled not earlier than one year after the conclusion of the mortgage agreement. In the event that the agreement provides that the mortgage of the enterprise secures an obligation with a shorter period of performance, the right to foreclose on the subject of mortgage on an unfulfilled or improperly fulfilled obligation arises from the pledgee after a year has elapsed from the date of conclusion of the mortgage agreement.

Article 72

1. The pledgor has the right to sell, exchange, lease, lend property related to the enterprise, transferred to the mortgage, and otherwise dispose of the specified property, as well as make changes to the composition of this property, if this does not entail a decrease in the specified in the agreement about mortgage of the total value of property related to the enterprise, and also does not violate other terms of the mortgage agreement.

Without the permission of the pledgee, the pledgor shall not be entitled to pledge property related to the enterprise, to make transactions aimed at the alienation of immovable property related to the enterprise, unless otherwise established by the mortgage agreement.

2. If the pledger of the enterprise fails to take measures to ensure the safety of the pledged property, inefficient use of this property, which may lead to a decrease in the value of the enterprise, the pledgee has the right to apply to the court with a demand for early fulfillment of the obligation secured by the mortgage or the introduction of mortgage control over the activity of the pledger.

By a court decision, the mortgagee may be authorized by way of mortgage control to:

require the mortgagor to regularly submit accounting and other reporting documents, preliminarily agree on issues related to the conclusion of transactions with property related to the enterprise;

apply to the owner of the property related to the enterprise, or a body authorized by him, with a request to terminate the contract with the head of the enterprise;

bring claims to the court for the recognition of transactions concluded by the pledgor as invalid;

to exercise other rights provided for by mortgage control over the activities of the mortgagor.

Article 73

1. If the pledgor fails to fulfill the obligation secured by the mortgage of the enterprise, foreclosure on the pledged property may be levied only by a court decision.

2. The buyer, who has acquired an enterprise at a public auction, shall transfer the rights and obligations of the owner of the enterprise related to the latter from the moment of state registration of ownership of the acquired property.

Chapter XIII. Features of the mortgage of residential buildings and apartments

Article 74

1. The rules of this chapter shall apply to the mortgage of individual and multi-apartment residential houses and apartments intended for permanent residence, owned by citizens or legal entities.

2. Mortgage of individual and multi-apartment residential buildings and apartments in state or municipal ownership is not allowed.

3. Hotels, rest homes, dachas, garden houses and other buildings and premises not intended for permanent residence may be subject to mortgage on a general basis. The rules established for the mortgage of residential houses and apartments do not apply to them.

4. In the event that the subject of mortgage is a part of a residential building or a part of an apartment consisting of one or more isolated rooms, the rules of the present Federal Law on Mortgage of a Residential Building and Apartment shall be applied to such mortgage accordingly.

5. Mortgage of a residential house or apartment owned by minors, persons with limited capacity or incapacitated persons, over whom guardianship or guardianship has been established, shall be carried out in the manner established by the legislation of the Russian Federation for making transactions with the property of wards.

6. Excluded.

Article 75

In case of mortgage of an apartment in a multi-apartment residential building, parts of which, in accordance with paragraph 1 of Article 290 of the Civil Code of the Russian Federation, are in the common shared ownership of the pledgor and other persons, the corresponding share in the common ownership of the residential building is considered to be mortgaged along with the residential premises.

Article 76

When granting a credit or a targeted loan for the construction of a residential building, the mortgage agreement may provide for securing the obligation with construction in progress and materials and equipment belonging to the pledgor that are prepared for construction. Upon completion of the construction of a residential building, the mortgage on it does not stop.

Article 77

1. Unless otherwise provided by federal law or an agreement, a residential house or apartment acquired or built in whole or in part with the use of credit funds from a bank or other credit organization or funds from a targeted loan provided by another legal entity for the purchase or construction of a residential house or apartment are considered pledged from the moment of state registration of the borrower's ownership of a residential building or apartment.

The pledgee under this pledge is a bank or other credit organization or a legal entity that has provided a loan or targeted loan for the purchase or construction of a residential house or apartment.

2. To the pledge of a residential house or apartment arising on the basis of paragraph 1 of this article, the rules on the pledge of immovable property arising by virtue of an agreement shall be applied accordingly.

3. The guardianship and guardianship authorities have the right to give consent to the alienation and (or) mortgage of the residential premises in which the family members of the owner of this residential premises under guardianship or guardianship or minor family members of the owner who are left without parental care (of which the guardianship authority is aware and guardianship), if this does not affect the rights or legally protected interests of these persons.

The decision of the guardianship and guardianship authorities to give consent to the alienation and (or) mortgage of the residential premises in which these persons live, or a reasoned decision to refuse such consent must be submitted to the applicant in writing no later than 30 days after the date of filing requests for such consent.

The decision of the guardianship and guardianship authorities may be challenged in court.

4. Residential premises (residential premises) acquired or built in whole or in part using savings for housing provision of military personnel provided under a special purpose contract housing loan in accordance with the Federal Law "On the accumulative-mortgage system of housing for military personnel", it is considered to be pledged from the moment of state registration of ownership of a residential building or apartment. In the case of using credit (borrowed) funds of a bank or other organization, it is considered to be pledged (mortgaged) from the relevant creditor and from the Russian Federation represented by the federal executive body that ensures the functioning of the accumulative mortgage system of housing for military personnel, which provided a target housing loan for the purchase or construction of residential premises (residential premises).

At the same time, a mortgage bond shall not be issued for the purpose of certifying the rights of the Russian Federation under an obligation secured by a mortgage. If the residential premises (residential premises) are both pledged by the relevant creditor and the Russian Federation, the claims of the Russian Federation shall be satisfied after the claims of the said creditor are satisfied.

Article 78

1. Foreclosure by the pledgee on the mortgaged residential house or apartment and the sale of this property shall be grounds for terminating the right to use them by the pledgor and any other persons residing in such a residential house or apartment, provided that such a residential house or apartment was mortgaged under an agreement on mortgage or under a mortgage by virtue of law as security for the repayment of a loan or a target loan provided by a bank or other credit institution or other legal entity for the purchase or construction of such or other residential house or apartment, their overhaul or other inseparable improvement, as well as for repayment earlier provided credit or loan for the purchase or construction of a residential house or apartment.

The release of such a residential building or apartment is carried out in the manner prescribed by federal law.

2. Foreclosure on a mortgaged residential house or apartment is possible both in court and out of court in compliance with the rules established by Chapter IX of this Federal Law.

A residential house or apartment that is mortgaged under a mortgage agreement and foreclosed on is sold by sale at auction held in the form of an open auction or competition.

3. A lease agreement or a lease agreement for a dwelling, concluded before the emergence of a mortgage or with the consent of the mortgagee after the occurrence of a mortgage, shall remain in force upon sale of the dwelling. The conditions for its termination are determined by the Civil Code of the Russian Federation and the housing legislation of the Russian Federation.

Chapter XIV. Final provisions

Article 79

1. Enact this Federal Law from the date of its official publication.

2. The norms of the Law of the Russian Federation "On Pledge" from the date of entry into force of this Federal Law shall be applied to the pledge of immovable property (mortgage) only insofar as they do not contradict this Federal Law.

Until the federal laws and other legal acts of the Russian Federation are brought into line with this Federal Law (Items 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 apply to the extent not inconsistent with this Federal Law.

3. The rules of this Federal Law shall apply to relations arising in connection with a pledge of immovable property (mortgage) after its entry into force.

With regard to relations that arose prior to the entry into force of this Federal Law, this Federal Law shall apply to those rights and obligations that arise after its entry into force.

4. Propose to the President of the Russian Federation to bring the legal acts issued by him into line with this Federal Law.

5. Instruct the Government of the Russian Federation:

to bring legal acts issued by him into conformity with this Federal Law;

adopt legal acts ensuring the implementation of this Federal Law.