Sometimes it becomes necessary to conclude a pledge agreement as security for the fulfillment of obligations. Especially often it is necessary to formalize a pledge of real estate (apartment) or a vehicle - when obtaining a loan or mortgage. When concluding a contract, a number of conditions must be met.
It is necessary
- - documents for the pledged property;
- - money for a possible visit to a notary.
Instructions
Step 1
According to Article 339 of the Civil Code of the Russian Federation, the pledge agreement is concluded in writing. There are essential conditions, failure to fulfill which entails the invalidity of the contract. So, when concluding an agreement, you must indicate the subject of the pledge without fail. Moreover, indicate not only the species, but also the individual characteristics. For example, when making a pledge agreement for a motor vehicle, you must not only write that you are pawning the car, but also indicate its brand, model, color, year of manufacture, identification number (VIN), chassis, body, engine numbers and other characteristics that allow you to highlight exactly it is a vehicle.
Step 2
The second essential condition that must be fulfilled is the appraisal of the pledged item. In the Civil Code, there are no mandatory requirements for determining the assessment of a pledge, that is, it is established by agreement of the parties. However, it should be remembered that when pledging real estate, an expert assessment of the pledged item may be required. Also, the contract must be signed by both parties.
Step 3
It should be remembered that a pledge of immovable property, a mortgage agreement, as well as an agreement on the pledge of movable property or rights to property as security for obligations under the agreement, which must be notarized, are subject to notarization, so if the subject of the pledge belongs to those listed above, the next step is - visiting a notary.
Step 4
In addition, pledging real estate requires state registration. In which authorities should this be done? - In the institutions of justice for state registration of rights to real estate and transactions with it in the territory of the registration district at the location of real estate (which corresponds to the Federal Law of 21.07.1997 N 122-FZ "On state registration of rights to real estate and transactions with it"). For state registration of a mortgage, you will need to write an application. The application will need to attach the mortgage agreement together with the documents specified in the agreement.
Step 5
Samples of various pledge agreements can be downloaded on the Internet, for example, here:
