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The decree entered into force on March 6, 2020. The specified Government resolution expanded the list of documents for state registration of ownership of real estate under a mortgage agreement.
The said resolution set out in a new version paragraph 61 of the Procedure for state registration of rights to real estate.Updated paragraph 61 now has a significantly expanded list of documents for registering property rights under a mortgage agreement.
For state registration of property rights on the basis of a mortgage agreement, containing a warning about satisfying the requirements of the mortgage holder by acquiring property rights to the subject of the mortgage, the following are also presented:
1) a copy certified by the mortgagee of the written request to eliminate the violation of the main obligation and / or the terms of the mortgage agreement sent by the mortgagee to the mortgagor and the debtor, if it differs from the mortgagor;
2) a copy certified by the mortgagee of the notice of delivery of registered mail or postal items with declared value, to which the request has been sent, specified in subparagraph 1 of this paragraph, with a note of delivery to the addressee, or a copy of registered mail sent by the mortgagee or the declared value postal item to which the request is sent, specified in subparagraph 1 of this paragraph, with a note on the recipient’s refusal to receive such shipments or certified by the mortgagee copies of recommended mailings or items of declared value (postal envelopes) of which not less than twice, with a frequency of at least one month, a request was sent, specified in subparagraph 1 of this paragraph, and which were returned to the sender due to the absence of the addressee or the expiration of the specified storage period of the postal item or paper copies certified by the mortgage holder, which, by means of information, telecommunication or information -Telecommunication system, which ensures the exchange of electronic documents, sent the requirement specified in subparagraph 1 of this paragraph, and the electronic service message of the corresponding system, which confirms the delivery of the corresponding email to the addressee’s email address (in case if by agreement with the mortgagor or the debtor, if it differs from the mortgagor, the possibility of exchanging electronic documents is provided);
3) a certificate from the mortgage holder containing information on the amount of the debt under the main obligation at a date not earlier than three days before the day of submission of documents for
conducting relevant state registration and information about the value of the mortgage,
determined by the subject of valuation activities, as of a date no earlier than 90 days before the day of submission of documents for the relevant state registration;
4) collateral (if the mortgage agreement provides for its issuance).
In the case of the submission of the document referred to in the first or fourth paragraph of subparagraph 2 of this paragraph, state registration shall be carried out after thirty days from the moment the recipient receives the request specified in subparagraph 1 of this paragraph, unless a longer period is specified in such request.