Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 16, 1998 No. 102-FZ

About mortgage (pledge of the real estate)

(as amended on 30-04-2021)

Accepted by the State Duma on June 24, 1997

Approved by the Federation Council on July 9, 1998

Chapter I. Basic provisions

Article 1. Bases of emergence of mortgage and its regulation

1. According to the pledge agreement of real estate (the agreement on mortgage) one party - the pawnbroker who is the creditor according to the obligation provided with mortgage has the right to have satisfaction of the monetary claims to the debtor according to this obligation from the cost of the pledged real estate of other party - the pledger mainly before other creditors of the pledger, behind the withdrawals established by the Federal Law.

The debtor according to the obligation provided with mortgage or person who is not participating in this obligation (third party) can be the pledger.

The property on which the mortgage is established remains at the pledger in its ownership and use.

2. To the pledge of real estate arising based on the Federal Law in case of approach of the circumstances specified in it (further - mortgage by law), rules about the pledge arising owing to the agreement on mortgage are respectively applied if the Federal Law does not establish other.

In case of mortgage by law the pledger and the pawnbroker have the right to sign the agreement governing their relations in the form provided for the agreement on mortgage.

3. The general rules about pledge containing in the Civil code of the Russian Federation are applied to the relations under the agreement on mortgage in cases when the specified Code or this Federal Law do not establish other rules.

4. Pledge of the parcels of land, the companies, buildings, constructions, apartments and other real estate can arise only so far as their turnover is allowed by the Federal Laws.

Article 2. The obligation provided with mortgage

The mortgage can be established in providing the obligation according to the credit agreement, according to the loan agreement or other obligation, including the obligation based on purchase and sale, lease, the contract, other agreement, damnification if other is not provided by the Federal Law.

The obligations provided with mortgage are subject to financial accounting by the creditor and debtor if they are legal entities, according to the procedure, the established legislation of the Russian Federation on financial accounting.

Article 3. The requirements provided with mortgage

1. The mortgage provides payment to the pawnbroker of the main amount of debt according to the credit agreement or other obligation provided with mortgage completely or in the part provided by the agreement on mortgage.

The mortgage established in ensuring execution of the credit agreement or loan agreement with interest payment condition provides also payment to the creditor (creditor) of the interests on credit which are due to it (borrowed funds).

If the agreement does not provide other, the mortgage provides also payment to the pawnbroker of the amounts which are due to it:

1) in indemnification and/or as penalty (penalty, penalty fee) owing to non-execution, delay of execution or other improper execution of the obligation provided with mortgage;

2) in the form of the percent for unauthorized use by others money provided by the obligation provided with mortgage or the Federal Law;

3) in compensation of the legal costs and other expenses caused by the address of collection on pledged property;

4) in expense recovery on realization of pledged property.

2. If the agreement does not provide other, the mortgage provides requirements of the pawnbroker in that amount what they have by the time of their satisfaction due to pledged property.

3. If in the agreement on mortgage the total firm amount of the requirements of the pawnbroker provided with mortgage is specified, obligations of the debtor to the pawnbroker in the part exceeding this amount are not considered provided with mortgage, except for the requirements based on subitems 3 and 4 of Item 1 of this Article or on article 4 of this Federal Law.

Article 4. Providing pawnbroker with mortgage of additional expenses

In cases when the pawnbroker in accordance with the terms of the agreement on mortgage or owing to need to provide preserving the property pledged under this agreement is forced to incur for the pledger expenses on insurance of this property, its content and/or protection or on debt repayment of the pledger on the taxes connected with this property, charges or utility payments, compensation is provided to the pawnbroker of such necessary expenses due to pledged property.

Article 5. Property which can be mortgage subject

1. Under the agreement on mortgage the real estate specified in Item 1 of Article 130 of the Civil code of the Russian Federation, the rights to which are registered according to the procedure, established for state registration of the rights to real estate and transactions with it can be pledged including:

1) the parcels of land, except for the parcels of land specified in article 63 of this Federal Law;

2) the companies, and also buildings, constructions and other real estate used in business activity;

3) the apartment houses, apartments and parts of apartment houses and apartments consisting of one or several isolated rooms;

4) garden houses, garages and other structures of consumer appointment;

5) air and ocean ships, inland navigation vessels;

6) parking places.

Buildings, including apartment houses and other structures, and the constructions which are directly connected with the earth can be mortgage subject on condition of observance of rules of article 69 of this Federal Law.

Lack of state registration of the property right to the parcels of land on which state-owned property is not differentiated is not obstacle for mortgage of such parcels of land according to article 62.1 of this Federal Law.

2. Rules of this Federal Law are applied to pledge incomplete by construction of the real estate built on the parcel of land according to requirements of the legislation of the Russian Federation, including buildings and constructions on condition of observance of rules of article 69 of this Federal Law.

3. If other is not provided by the agreement, the thing which is mortgage subject is considered pledged together with accessories (Article 135 of the Civil code of the Russian Federation) as a unit.

4. Part of property which Section in nature is impossible without change of its appointment (indivisible thing) cannot be independent subject of mortgage.

5. Rules about mortgage of real estate are respectively applied to pledge of the rights of the lessee according to the lease of such property (the lease right) as other is not established by the Federal Law and does not contradict being of the rent relations.

Rules about mortgage of real estate are applied also to pledge of the rights to claim of the participant of shared-equity construction following from the agreement of the participation in shared-equity construction (further - rights to claim of the participant of shared-equity construction) meeting the requirements of the Federal Law of December 30, 2004 N 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (further - the Federal Law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation").

Article 6. The right to pledge property under the agreement on mortgage

1. The mortgage can be established on the property specified in article 5 of this Federal Law which belongs to the pledger on the property right, and in cases and according to the procedure which are provided by the Civil code of the Russian Federation and other Federal Laws, - on the right of economic maintaining or operational management.

2. Is not allowed the mortgage of the property withdrawn from circulation, property on which according to the Federal Law collection cannot be turned and also property concerning which in established by the Federal Law procedure obligatory privatization is provided or privatization of which is forbidden.

3. If subject of mortgage is the property on which alienation consent or permission of other person or body is required, the same consent or permission it is necessary for mortgage of this property, except for mortgages by law.

The decision on pledge of the real estate which is in state-owned property and is not fixed on the right of economic maintaining or operational management Federations or the government (administration) of the subject of the Russian Federation are accepted by the Government Russian.

4. The right of lease can be mortgage subject with the consent of the lessor if the Federal Law or the lease agreement does not provide other. In cases, stipulated in Item 3 Articles 335 of the Civil code of the Russian Federation, also the consent of the owner of the leased property or person having to it the right of economic maintaining is necessary.

5. Pledge of real estate is not the basis for release of person who acted as the pledger under the agreement on mortgage from accomplishment of conditions by it on which it participated in investment (commercial) tender, auction or otherwise in the course of privatization of the property which is subject of this pledge.

6. The mortgage extends to all inseparable improvements of subject of mortgage if other is not provided by the agreement or this Federal Law.

Article 7. Mortgage of the property which is in common property

1. On the property which is in common joint property (without determination of share of each of owners in the property right), the mortgage can be established in the presence of the consent to it of all owners. It shall be agreed in writing if the Federal Law does not establish other.

2. The participant of common ownership can pledge the share in the right to common property without the consent of other owners.

In case of the address upon the demand of the pawnbroker of collection on this share in case of its sale rules of Articles 250 and 255 of the Civil code of the Russian Federation about the privilege of purchase belonging to other owners and about the address of collection on share in the right of common property, except as specified addresses of collection on share in the property right to common property of the apartment house (Article 290 of the Civil code of the Russian Federation) in connection with the address of collection on the apartment in this house are applied.

Chapter II. Conclusion of the agreement on mortgage

Article 8. General rules of the conclusion of the agreement on mortgage

The agreement on mortgage is signed with observance of general rules of the Civil code of the Russian Federation about the conclusion of agreements, and also provisions of this Federal Law.

Article 9. Contents of the agreement on mortgage

1. In the agreement on mortgage the mortgage subject, its assessment, being, the size and completion date of the obligation provided with mortgage shall be specified.

1.1. The parties can provide in the agreement on mortgage condition about possibility of the address of collection on pledged property extrajudicially and (or) methods, procedure for realization of pledged property in case of the address of collection regarding mortgage by a court decision.

If the mortgage arises by law, the parties have the right to provide in the agreement condition about methods and procedure for realization of pledged property in case of the address of collection regarding mortgage by a court decision. The rules about form and state registration established by the Federal Law for the agreement on mortgage are applied to the specified agreement.

2. The subject of mortgage is determined in the agreement by specifying of its name, the location and the description, sufficient for identification of this subject.

In the agreement on mortgage shall be specified the right owing to which the property which is mortgage subject belongs to the pledger, and the name of the body which registered this right of the pledger.

If subject of mortgage is the lease right belonging to the pledger, the leased property shall be determined in the agreement on mortgage the same as if it was mortgage subject, and the lease term shall be specified.

3. Assessment of subject of mortgage is determined in accordance with the legislation of the Russian Federation by the agreement of the pledger with the pawnbroker with observance in case of mortgage of the parcel of land of requirements of article 67 of this Federal Law and it is specified in the agreement on mortgage in terms of money.

In case of mortgage of the state-owned and municipal property its assessment is performed according to the requirements established by the Federal Law or in the procedure determined by it.

In case of pledge of the real estate which is not finished by construction which is in the state-owned or municipal property assessment of market value of this property is performed.

4. The obligation provided with mortgage shall be called in the agreement on mortgage with indication of its amount, the basis of origin and completion date. If the amount of the obligation provided with mortgage is subject to determination in the future, in the agreement on mortgage the procedure and other necessary conditions of its determination shall be specified.

5. If the obligation provided with mortgage is subject to execution in parts, in the agreement on mortgage the terms (frequency) of the corresponding payments and their sizes or conditions allowing to determine these sizes shall be specified.

6. If the rights of the pawnbroker according to article 13 of this Federal Law make sure the mortgage, it is specified it in the agreement on mortgage, except as specified issues of the mortgage in case of mortgage by law.

Article 9.1. Features of conditions of the credit agreement, the loan agreement which are concluded with physical person for the purpose of not connected with implementation of business activity by it, and obligations of the borrower on which are provided with mortgage, and also features of their change upon the demand of the borrower and feature of terms of the contract of the insurance concluded by provision of consumer loan (loan), obligations of the borrower on which are provided with mortgage,

Features of conditions of the credit agreement, the loan agreement which are concluded with physical person for the purpose of not connected with implementation of business activity by it, and obligations of the borrower on which are provided with mortgage, and also features of their change upon the demand of the borrower and feature of terms of the contract of the insurance concluded by provision of consumer loan (loan), obligations of the borrower on which are provided with mortgage, are established by the Federal Law of December 21, 2013 No. 353-FZ "About consumer loan (loan)".

Article 10. State registration of the agreement on mortgage

1. The agreement on mortgage is signed in writing by creation of one document signed by the parties and is subject to state registration. Creation of one document is not required in case of change of conditions of the obligation provided with mortgage according to article 6.1-1 of the Federal Law of December 21, 2013 to No. 353-FZ "About consumer loan (loan)" or according to articles 6 and 7 of the Federal law "About Introduction of Amendments to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" and Separate Legal Acts of the Russian Federation regarding Features of Change of Conditions of the Credit Agreement, Loan Agreement".

The agreement in which there are no data specified in article 9 of this Federal Law or rules of item 4 of article 13 of this Federal Law are violated, is not subject to state registration (if the Federal Law establishes the requirement about state registration of the agreement on mortgage) as the agreement on mortgage.

Non-compliance with rules about state registration of the agreement on mortgage attracts its invalidity. Such agreement is considered insignificant.

2. The agreement on mortgage is considered the prisoner and becomes effective from the moment of its state registration (if the Federal Law establishes the requirement about state registration of the agreement on mortgage).

3. In case of inclusion of the agreement on mortgage in the credit or other agreement containing the obligation provided with mortgage concerning form and state registration of this agreement the requirements established for the agreement on mortgage shall be observed.

4. If in the agreement on mortgage it is specified that the rights of the pawnbroker according to article 13 of this Federal Law make sure the mortgage, together with such agreement in the federal executive body authorized by the Government of the Russian Federation on implementation of the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register, federal executive body, its territorial authorities (further - body of registration of the rights) the mortgage is submitted. If the conclusion of the relevant agreement attracts emergence of mortgage by law, in case of creation of the mortgage the relevant agreement and the mortgage are shown. The body of registration of the rights does on the mortgage mark about date and the place of state registration of such agreement (if the Federal Law establishes the requirement about state registration of the agreement on mortgage), numbers and seals sheets of the mortgage according to the paragraph the second Item 3 of article 14 of this Federal Law.

By the agreement on mortgage or the agreement under which obligation is provided with mortgage by law issue of mortgage, mortgage after state registration, in case of submission of the mortgage to body of registration of the rights at any time before the termination of the obligation provided with mortgage can be provided. The procedure for issue of the mortgage in the form of bank entry security is stipulated in Clause 13.2 presents of the Federal Law.

If in the agreement based on which the mortgage is constituted and issued, it is specified that from date of issue to the pawnbroker of the mortgage body of registration of the rights the agreement on mortgage and the agreement from which obligation is provided with mortgage stop the action, all relations between the pledger, the debtor and the pawnbroker are regulated by this mortgage.

5. State registration of the agreement on mortgage (if the Federal Law is established the requirement about state registration of the agreement on mortgage) signed in ensuring repayment of the loan or the loan provided on repayment before granted loan or loan on acquisition or construction of the apartment house or apartment and issue of the mortgage if its issue is provided by this agreement on mortgage, can be performed along with repayment of mortgage and cancellation of the mortgage which was issued in providing before granted loan or loan, on condition of submission of such mortgage to body of registration of the rights.

6. If the parties notarially certified the agreement on mortgage or the agreement involving emergence of mortgage by law for the purposes of entering of the corresponding data into the Single state real estate register by the applicant notarially attested copy of such agreement is submitted in body of registration of the rights.

If in case of approach of the circumstances specified in this Item by the parties, one agreement party about mortgage or the agreement involving emergence of mortgage by law notarially certified copies of such agreements are not provided to body of registration of the rights the condition containing in such contracts on possibility of the address of collection for pledged property extrajudicially is not applied.

Article 11. Emergence of mortgage as encumbrances

1. State registration of the agreement on mortgage (if the Federal Law establishes the requirement about state registration of the agreement on mortgage) is the basis for entering into the Single state real estate register of record about mortgage.

State registration of the agreement (if the Federal Law is established the requirement about state registration of the agreement on mortgage) attracting emergence of mortgage by law is the basis for entering into the Single state real estate register of record about emergence of mortgage by law.

2. The mortgage as encumbrance of the property pledged under the agreement on mortgage or in case of the mortgage arising by law arises from the moment of state registration of mortgage.

3. Provided by this Federal Law and the contract on mortgage of the right of the pawnbroker (the pledge right) for property are considered arisen from the moment of entering of record about mortgage into the Single state real estate register if other is not established by the Federal Law. If the obligation provided with mortgage arose after entering into the Unified State Register of Rights on real estate and transactions with it of record about mortgage, the rights of the pawnbroker arise from the moment of emergence of this obligation.

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

Article 12. The warning of the pawnbroker of the third party rights regarding mortgage

In case of the conclusion of the agreement on mortgage the pledger shall warn in writing the pawnbroker about all known to it by the time of state registration of the agreement the third party rights regarding mortgage (the rights of pledge, lifelong use, lease, servitudes and other rights). Non-execution of this obligation grants to the pawnbroker the right to demand early execution of the obligation provided with mortgage or change of terms of the contract about mortgage.

Chapter III. Mortgage

Article 13. Basic provisions about the mortgage

1. The rights of the pawnbroker according to the obligation provided with mortgage and under the agreement on mortgage can be certified by the mortgage as other is not established by this Federal Law.

By the mortgage the rights of the pawnbroker on mortgage by law and according to the obligation provided with this mortgage can be certified if other is not established by this Federal Law.

The provisions provided for the mortgage in case of mortgage owing to the agreement are applied to the mortgage certifying the rights of the pawnbroker on mortgage by law and according to the obligation provided with this mortgage if other is not established by this Federal Law.

2. The mortgage is the security certifying the following rights of her legal owner:

1) the right to execution according to the monetary commitments provided with mortgage without submission of other proofs of existence of these obligations;

2) the pledge right to the property encumbered with mortgage.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.