Recently, the government of the Russian Federation created a specialized online portal that includes information about any product in respect of which a pledge was previously issued. It is called the register of pledges of movable property, the official website of which allows you to find out the necessary information at no cost
Registry: concept
This term means encumbrance of property, which does not allow a citizen to fully dispose of it until the reason for imposing restrictions is eliminated.
When planning to purchase a vehicle, many buyers first check the presence / absence of a collateral issued against it, which helps to avoid fraudulent activities. As a rule, they refer to the sale of pledged cars, which boil down to obtaining a new title to replace the pledged vehicle from the bank and then selling the car to the buyer.
After such an acquisition, the responsibilities associated with the repayment of the loan fall on the shoulders of the new owner of the car. If he refuses to repay the loan, then his vehicle will be seized.
In order to avoid such actions, a specialized notary register of pledges of the FNP was created, information in which is available for viewing at any convenient time. At the same time, such a database contains information not only about vehicles, but also about any other types of property, in respect of which such restrictions could be imposed.
If a citizen has acquired the pledged goods, then he can use two options for action - to demand that the transaction be declared invalid in court, or to demand early repayment of the loan by the seller. Both options are used relatively rarely, since the court rarely takes the side of the plaintiff, which makes the use of the service especially important.
Register of pledge of movable property
Such a portal is intended to obtain detailed information about encumbrances issued only in relation to objects and vehicles that can be recognized as movable property.
This means that, if desired, the user can use the site to learn about the presence / absence of restrictions imposed on:
- passenger cars
- trucks
- mototechnics
- specialized equipment
- expensive equipment
- bonds, securities
- jewelry
- other types of property
The base of notaries' pledges cannot be used to obtain information about the absence or presence of encumbrances on real estate, since there is a separate register for this.
Registry Operation and Capabilities
Such portals are online databases containing the necessary information. They are available to users at any time, and requests will not require additional costs from them. Search queries are formed on the basis of any information about the property, allowing the identification of the object.
The main purpose of such registers is to obtain up-to-date information about the presence / absence of collateral encumbrances imposed on the object. This means that with the help of such a portal, you can pre-check a car for a deposit in a notary chamber and reduce the likelihood of becoming a victim of fraud. You can also order official versions of documents from a notary.
Extract from the register of pledges
For a real estate transaction to be legally clean, you must first order an extract from the USRN. This will help you to make sure that the purchased item is free of encumbrances.
There are cases when some owners sold housing with hidden restrictions, which appeared only after the transaction took place and the money was transferred.
Hidden limitations include:
- the presence of owners of property rights who remain even after the housing is transferred to another owner;
- the presence of citizens who have withdrawn from the registration register, but have left the right to use this residential premises (for example, convicts);
- the presence of persons who refused to privatize retained the lifelong right to use real estate.
By ordering an extract from the USRN, you can get comprehensive information and answers to all these questions.
How to enter data in the register of movable property notice
There are several ways how to enter information in the register of movable property. The official site allows you to do this as follows:
- Submit information in electronic form directly to the site. But for this, the sender must have an enhanced digital signature. As a rule, this method is practiced by specialized organizations. For example, banks send information about all cars purchased using credit funds.
- Submit information through a notary. To do this, you need to fill out and submit a notification to him.
Submission of an application to a notary for entering information into the register is made as follows:
- The applicant draws up a notice and pays for the services of a notary.
- The notary accepts the application, enters the data in the register and issues a special document to the applicant, which contains the registration number assigned to this property in the register.
Both parties to the pledge (encumbrance) agreement can submit data to the register.
How to make a request to the register of pledges of movable property
The official website of the register allows you to make an electronic request for property. To do this, in a special search form on the "Find in the registry" tab, you need to enter any of the following data:
- Individual item number (vehicle VIN, equipment identification number, date and bond number, etc.)
- Full name, passport number, region of residence of the owner of the thing that needs to be checked for collateral.
- Name, INN, OGRN of the legal entity.
- Registration number of the notification in the registry (if known).
The site works online and immediately provides the necessary information.
Also, information can be obtained by contacting a notary with a corresponding request.
Grounds for refusing registration:
- Inadequate filling of the notice, incomplete data entry
- Submission of a document by a third party unrelated to the transaction
- Inconsistency of the electronic signature with the requirements
- … Failure to pay.
Tariff for sending notification
The tariff is 600 rubles and does not depend on the number of objects contained in it.
Conscientiousness in mortgage relations
Earlier, the significance of the good faith of the participants in pledged legal relations was substantiated within the framework of the practice of the Supreme Arbitration Court of the Russian Federation. At the same time, the point of view of the Supreme Court of the Russian Federation had its own significant differences. Changes in the norms of the Civil Code of the Russian Federation are intended to remove the existing contradictions in interpretation.
In connection with mortgage relations, the law considers the position of a bona fide pledgee and a bona fide acquirer.
Conscientious pledgee:
- received a thing as a pledge from a person who does not have the right to dispose of this thing
- did not know and should not have known about the lack of powers of this person.
A bona fide pledgee retains the right of pledge, unless the thing pledged:
- was previously lost by the owner or the person to whom it was transferred into possession
- was kidnapped
- retired from the possession of these persons in any other way beyond their will.
A bona fide purchaser of the mortgaged property:
- acquired property that is pledged;
- did not know and should not have known that the specified property is the subject of pledge.
If the pledged property is acquired by a bona fide purchaser, the pledge is terminated.
Purchase of a mortgaged thing
When making transactions with individuals or legal entities, incl. and foreign, it is possible to find out about the pledged property by entering the name, TIN and OGRN of the organization. In addition to obtaining information through the Register, any person can apply for an extract in electronic or printed form directly to a notary (Article 103.7 of the Fundamentals of Legislation on Notaries).
If the property was purchased from an unscrupulous seller who did not report that it was pledged, there are 2 options for solving the problem:
- Going to court to declare the transaction invalid and return the property to the seller, and the money to the buyer, or to fully reimburse the value of the purchased item in monetary terms (Article 167 of the Civil Code of the Russian Federation).
- The requirement for early fulfillment of the obligation by the former owner (Article 351 of the Civil Code of the Russian Federation)
