What it is necessary to know about a mortgage? Part 3. The state registration of a mortgage
As it was specified in the previous article, the contract on a mortgage is subject to the state registration which is made in the location of the property which is a mortgage subject, way of introduction of the relevant data to the Unified State Register of Rights on real estate and transactions with it which is the general for all country.
At the conclusion of the contract on a mortgage both the contract, and a mortgage as encumbrance - by entering of record into the corresponding column in the Certificate on the state registration of the right is subject to the state registration.
To carry out the state registration, existence of the statement both the depositor, and pawnbroker is necessary. In spite of the fact that the law does not demand the notarial certificate of the contract on a mortgage, the parties nevertheless can certify such contract in a notarial order. In that case the state registration can be carried out on the basis of the statement of only one of the parties (either the depositor, or the pawnbroker).
Documents necessary for registration of the contract on a mortgage:
- the contract on a mortgage and its copy;
- the documents specified in the contract on a mortgage as appendices;
- the document on payment of the state tax;
- other documents.
The law limited one month the term during which the state registration of a mortgage has to be made. This term is estimated from the date of receipt of documents, necessary for registration of a mortgage, in the body which is carrying out the state registration. However for registration of a mortgage of premises the established period equal to to five working days .
Procedure of the state registration is reduced to the fact that in the Unified State Register of Rights on real estate the corresponding registration record is made. Day when such inscription was made, and is considered date of the state registration.
The state registration of a mortgage it can be refused if any indispensable conditions are violated.
Also it is worth knowing that stay and (or) the termination of the state registration according to the statement of one of the parties of the transaction on acquisition of premises are not allowed.
Registration of a mortgage can be postponed no more than for one month at :
- non-presentation of any documents which are necessary for registration;
- discrepancy of the contract on a mortgage and the documents attached to it to the requirements established by the legislation;
- emergence of need of check of authenticity presented for document registration.
In that case if after monthly term requirements of registering body were not fulfilled, has to be refused the state registration.
If on the put property there is a lawsuit, then the state registration of a mortgage is postponed until permission of such dispute.
At adoption by registering body of the decision on refusal in the state registration, he is obliged to present to the applicant in writing in time of no more than five days after the termination of the term established for consideration of the application, motivated refusal. The copy of such refusal is located to documents of title. In case of receiving refusal, it can be appealed by in a judicial proceeding.
At the state registration on the contract on a mortgage the registration stamp and an inscription where the name of the body which carried out such registration of the rights, date , the place > the state registration of a mortgage and number is put down by at which it is registered. The specified data are subject to assurance by putting down of the authorized signature , and also of a fastening the press of the body which carried out registration.
And mortgages as encumbrance the state tax which size is established by the Tax Code of the Russian Federation is paid to for the state registration of the contract on a mortgage.
Upon termination of period of validity of the Contract on a mortgage and appropriate performance by the parties of the assumed liabilities, the depositor and the pawnbroker in common submit applications for repayment of registration record about a mortgage. Registration record about a mortgage can be also extinguished by a court decision. At the same time any other documents for record repayment with the law are not provided.