Фото: Features of state registration of mortgage

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Features of state registration of mortgage

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When conducting state registration of a mortgage, the mortgagee is the interested party.

In the case of the state registration of the termination of the mortgage, the interested person is also the person to whom the mortgage is suspended, the person in whose interests the mortgage is terminated, and in the case provided for by the Law of Ukraine "On state registration of rights to immovable property and their encumbrances", is a state performer.

State registration of immovable property with a mortgage, changes in the conditions of immovable property with a mortgage, cancellation and issuance of a new mortgage, assignment of rights under a mortgage agreement or transfer of a mortgage, issuance of a duplicate mortgage, discontinuance of immovable property with a mortgage are subject to the specifics established by the procedure for state registration of rights to non-legal property (further order).

In the case of state registration of immovable property with a mortgage on the basis of a mortgage agreement, which provides for the issuance of a mortgage, the applicant also submits a mortgage on which the state registrar stamps the Ministry of Justice during the state registration of mortgage immovable property.

If the mortgage agreement, in which changes and additions are made, provides for the issuance of a mortgage, the applicant also presents a new mortgage issued in connection with changes in the conditions of encumbrance of real estate with a mortgage, on which the state registrar stamps the state with the description which sets the Ministry of Justice.

For the state registration of the assignment of rights under a mortgage agreement, the applicant also submits an agreement concluded in accordance with the law, according to which the rights are assigned.

For the state registration of the transfer of the mortgage the applicant also submits the mortgage on which the transfer inscription (endorsement) is made by its owner.

For the state registration of the issuance of a duplicate of the mortgage, the applicant also submits a duplicate of the mortgage, on which the state registrar puts a mark, the Ministry of Justice establishes a form indicating the description.

For the state registration of the termination of immovable property with a mortgage in the case of acquisition (transfer) of public real estate that is the subject of the mortgage as a result of public tenders (auctions), the state performer shall submit to the state registration authority a copy of the sale of the mortgage.

The state registration of a mortgage of property rights on real estate, the construction of which is not completed, is carried out in a special section of the State Register of Rights.

The state registration authority, the notary who conducted the state registration of the mortgage in a special section of the State Register of Rights, saves the application, copies of the application submitted by the applicant for state registration of the rights of documents, a document confirming payment of an extract from the State Register of Rights, a document on payment of the state duty as well as other documents issued, executed or received by him during the state registration of rights, to open tiyu section of the State Register of Rights and the registration of the case for such an object movable property.

The body of state registration of rights, the notary, within a period not exceeding five working days from the date of receipt of the notification of the transfer of records from a special section of the State Register of Rights, shall transmit the documents specified in the second paragraph of this paragraph to the state registration authority of the rights at the location of real estate in the order established by the Ministry of Justice, for the formation of the registration case in accordance with the law.

The state registration authority, the notary who conducted the state registration of the mortgage in a special section of the State Register of Rights, saves the application, copies of the application submitted by the applicant for state registration of the rights of documents, a document confirming payment of an extract from the State Register of Rights, a document on payment of the state duty as well as other documents issued, executed or received by him during the state registration of rights, to open tiyu section of the State Register of Rights and the registration of the case for such an object movable property.

The body of state registration of rights, the notary, within a period not exceeding five working days from the date of receipt of the notification of the transfer of records from a special section of the State Register of Rights, shall transmit the documents specified in the second paragraph of this paragraph to the state registration authority of the rights at the location of real estate in the order established by the Ministry of Justice, for the formation of the registration case in accordance with the law.

The state registration of the cessation of immovable property by a mortgage is carried out by a notary simultaneously with the lifting of the prohibition imposed upon certifying the mortgage agreement.

In the case of state registration of a mortgage, copies of an extract from the State Register of Rights are provided in accordance with the requirements of this Procedure to the applicant, mortgagor and mortgagee.

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