Currently, mortgage (mortgage) is one of the most common method of enforcement of monetary obligations arising from loan agreements, loan agreements, purchase, lease, contract, etc. By virtue of the mortgage lender of the secured mortgage obligation (the mortgagee) is entitled in case of default by the debtor of the obligation to obtain satisfaction from the pledged real property prior to other creditors of the person who owns the property (mortgagor), with the exceptions established by law. In accordance with Art. 339 of the Civil Code, Art. 10 FZ "On Mortgage (Pledge Real Estate) 'contract of mortgage is subject to state registration. The mortgage agreement is not passed state registration shall be deemed null and void.
Registration of mortgages regulated by the Federal Law "On Mortgage (Pledge Real Estate) ' 102-FZ and Federal Law "On state registration of real estate rights and transactions' 122-FZ. Registration of mortgages held on the location of immovable property subject to mortgage. According to the article. 334 Civil Code there is a mortgage on the basis of the contract or by operation of law. Registration of mortgage by operation of law is carried out simultaneously with the registration of property rights whose rights are burdened by a mortgage either simultaneously with the recording contract of a joint construction without a separate application and without payment of state duty. Registration of mortgage, arising under the contract of mortgage, on the basis of the joint statement the mortgagor and mortgagee, except when the mortgage agreement notarized, accompanied by a document confirming the state duty and documents required for registration of a mortgage in accordance with applicable law.
Registration of mortgages held the body implementing state registration of rights, by making a single State Register of rights to immovable property and transactions with a record of registration of the mortgage contract and record the mortgage as an encumbrance of immovable property, as well as by putting on all genuine copies of contracts of mortgage inscriptions attesting to the registration of mortgages. Body carrying out state registration of rights is obliged to register the mortgage within one month from the date of revenue needed for its registration documents. The registration of a mortgage may be refused only in cases stipulated by federal law "On state registration of immovable property and transactions them ', namely: if the mortgage specified in the contract of immovable property is not permitted in accordance with Russian law, if the contents of the contract or attached thereto the required documents does not match requirements of state registration of rights to immovable property and transactions with it. The registration of mortgages, arising by law, can not be denied.