According to the Federal Law governing the process of registering rights to real estate, the mortgage must be registered in the prescribed manner in the unified state register of rights to real estate.
Instructions
Step 1
You can register a mortgage in the institutions of justice at the location of the property acquired in the mortgage. If a mortgage was obtained on the basis of a mortgage agreement, an application from the pledger or the pledgee is required to carry out the procedure for its state registration. In this case, for registration of state registration of a mortgage, it is necessary to submit a package of relevant documents to the institution of justice at the location of the subject of the mortgage. Without fail, for the registration of a mortgage obtained on the basis of a mortgage agreement, the following are required: a mortgage agreement certified by a notary, the entire list of documents attached to the mortgage agreement, confirmation of payment of the state duty for state registration. If necessary, the registration authority may request additional documents for the registration procedure.
Step 2
If the mortgage arose by virtue of the law, it is also subject to the mandatory state registration procedure. However, in order to initiate the procedure for registering a mortgage obtained by virtue of the law, it is not required to submit an application to the registration authorities and pay a state registration fee. Registration of such a mortgage occurs simultaneously and on the basis of the same package of documents, on the basis of which the procedure for registering ownership of the property that is the subject of the mortgage is carried out.
Step 3
Registration of a mortgage must be completed no later than within 1 calendar month from the date of submission of a complete list of documents required for the procedure of state registration to the appropriate institution of justice.
Step 4
To register a mortgage, the relevant authority makes an entry in the unified register of rights to real estate about the fact of a mortgage. The date of entering the data is considered the date of the registration of the mortgage.
Step 5
The procedure for state registration of a mortgage can be postponed for up to 1 month if an incomplete package of documents is provided or if the mortgage agreement does not comply with the legislative norms of the Russian Federation. In this case, the applicant is invited to eliminate the indicated shortcomings, after which the registration procedure will be completed. If within a month the requirements of the registering authority for the elimination of deficiencies are not satisfied, the applicant will receive a refusal to register the mortgage.
