A mortgage is subject to state registration, while both the mortgage itself and the mortgage agreement are registered. Those. there are two different registration actions. Registration is carried out in authorized bodies on the basis of an application by the pledger or pledgee (in certain cases, both) and documents attached to this application, the list of which is determined by the federal law "On Mortgage".
Instructions
Step 1
Determine the origin of the mortgage. If this happened by virtue of the agreement, its registration will take place after the registration of the mortgage agreement on the basis of a joint application of the pledger and the pledgee (parties to the mortgage agreement). The application will need to attach a receipt for payment of the state registration fee, which is 1,000 rubles for individuals and 4,000 rubles for legal entities, a mortgage agreement with attachments and a copy thereof, as well as documents about the applicant or applicants (passport and copy thereof, power of attorney, etc.). etc.). All these documents are submitted to the territorial agency of Rosreestr at the location of the property transferred to the mortgage. In some cases, other documents are also needed (consent of the spouse, cadastral plan).
Step 2
If the basis for the emergence of a mortgage was certain legal norms (for example, in case of inheritance), then a separate application and payment of the state fee will not be required. It takes place simultaneously with the registration of the ownership of the person whose rights will be encumbered with the mortgage.
Step 3
Registration of a mortgage for non-residential premises is carried out within 30 days, and for residential premises - within 5. thus, after this period you can pick up a document confirming its registration. From the date of registration of the mortgage, it is considered to have arisen.
Step 4
Do not forget that according to the law, not only the mortgage itself, which is an encumbrance, is subject to registration, but also the mortgage agreement. If it is not registered, it will be deemed null and void. It comes into force from the date of state registration. For state registration of a mortgage agreement, the following documents are submitted to the territorial body of Rosreestr: a joint application from the pledger and the pledgee, the mortgage agreement with annexes and its copy, the agreement, the execution of which is ensured by the mortgage, a receipt for payment of the state duty, documents about the applicant (applicants). In certain cases, other documents established by law may also be required.
