Mortgage agreements are subject to state registration.
1
Under state registration of mortgages, it is customary to understand the official fixation in the EGRP of the rights to the subject of mortgage - real estate at the place of its location. It is entrusted to the Rosreestr and is implemented in the presence of an application from the pledger and the pledgee.
2
In addition to applications, the following documents must be submitted to the registering authority:
original and copy of the mortgage agreement;
all applications to the contract;
a document confirming the fact of payment of state duty;
other documents (cadastral land plot plan, original and copy of the mortgage, original and copy of the loan agreement).
3
From the moment of filing all documents for registration, one month is given. If at the stage of the legal expertise of the submitted documents, a trial of the rights to mortgage property is conducted, then the recording will be postponed before the decision makes the decision on the dispute. When identifying the lack of one or more required documents, a notarial certificate of papers, as well as the need to check the paper on authenticity, registration may be delayed for no more than a month.
4
All inconsistencies must be eliminated in the specified time. Otherwise, in a five-day period will be a notice of refusal to state registration. A copy of the failure will be dealt with mortgage documents.
5
After checking on the absence of any contradictions with the existing data on the laid property, the Justice authority records entry into the state registry. On the title documents will be marked by a certifying inscription, certified by the signature of the Commissioner and the bonded seal. The recordings should contain information on the full name of the registering authority, the date, the place of recording and the number under which it is listed. A copy of the mortgage agreement remains in the registration institution archive.
6
All identified technical errors in the records must be eliminated for a three-day period. All add-ons or changes to the entry are included in the presentation of the corresponding notarized certificate agreement between the mortgagee and the pledger. The latter carries all the costs of paying state duty. Its size is established by the Tax Code.
The registration record is repaid in the event of a mortgage termination on the basis of a court decision or a joint statement of the pledgee and the pledger.
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