Moscow registration has returned a mortgage in capitalgame rules
Moscow registration has renewed state registration of mortgage contracts of Bank of Moscow and the Sobinbank, suspended in the middle of June. Such arrangement has been reached at joint meeting of representatives of banks, Moscow registration and Moscow City Council where it has been decided to achieve modification of the law on a mortgage.
on June, 16th, 2003 Moscow registration has notified Bank of Moscow and Sobinbank on stay of state registration of some transactions with use of the mortgage loans given out by them. According to department, the scheme of delivery of mortgage loans these banks broke item 1 of item 334 of the Civil code of the Russian Federation and of some articles of the law about a mortgage. Both these of bank are partners in bank mortgage lending “ the Moscow mortgage agency “ (MIA).
Mortgage program MIA has been initiated by the Moscow government. After Moscow registration has suspended registration of mortgage contracts, the program of a capital mortgage has appeared under threat (see from June, 30th). As a result of July, 3rd in Moscow City Council has passed meeting with participation of representatives of Bank of Moscow, Sobinbank, MIA, Moscow registration and Moscow City Council on which the problem has actually been solved.
as Lyudmila Stebenkova, " has declared the deputy of Moscow City Council, the co-ordinator of the program of mortgage lending; during party meeting have come to a common opinion that the part of the contracts, which registration have been suspended and to which there are no technical claims, will be registered by Moscow registration “. Stay of their state registration in Moscow City Council have explained nedoponimaniem the law on a mortgage.
according to Lyudmila Stebenkovoj, “ because changes have been made to the law on a mortgage, now, according to law item 77, the mortgage comes into force at the conclusion of the credit contract. And now that practice, which took place before (the simultaneous conclusion of the credit contract and the contract on a mortgage), is not meaningful. At meeting it has been decided ` to grind ` the credit contract, as a result of MIA it was entrusted to prepare the uniform form of the mortgage contract, and then to co-ordinate it with Moscow registration “.
the Chief kontrolno - the methodical centre of Moscow registration Galina Terekhin has confirmed that delays with registration of contracts of Bank of Moscow and Sobinbank any more will not be. Terekhin`s madam has explained stay of state registration of these contracts the contradiction between item 2 and 3 items 11 of the law on a mortgage. “ in 2 - m point of the right of the pawnbroker arise from the moment of the conclusion of the contract on a mortgage, in point 3 - from the moment of its state registration “ - she has specified. According to Galina Terehinoj, MIA it was entrusted to prepare the legislative initiative eliminating this contradiction. While Moscow registration considers the obligations arising at the conclusion of the credit contract, sufficient for registration of the contract on a mortgage. “ after the coordination with department of municipal habitation and Moscow registration prepared MIA we will bring the legislative initiative in the Duma “ - Lyudmila Stebenkova has declared.
According to the head of department of the organisation of sales of department of retail business of Bank of Moscow Farida Shafikova, “ obstacles for registration of contracts already are not present “. And the head of department of mortgage lending of Sobinbank Olga Manukjants has informed that “ the question is solved positively and now all contracts are made out - both old, and new “.
the BARBARIAN - VASILEVA, OLEG - KUZMINSKY