Form of the document “Loan agreement interest-free (collateral - pledge real estate)” refers to the heading “Loan agreement, loan receipt”. Save the link to the document on social networks or download it to your computer.
interest-free loan (collateral - pledge of real estate)
[place of conclusion of the contract] [date of conclusion of the contract]
[Full name of the organization-lender], hereinafter referred to as the "Lender", represented by [position, full name], acting on the basis of the [Charter, regulation, power of attorney], on the one hand, and [F. I.O./Name of the borrower], hereinafter referred to as the "Borrower", [information about the borrower], on the other hand, and collectively referred to as the "Parties", have concluded this agreement as follows:
1. The Subject of the Agreement
1.1. Under this Agreement, the Lender transfers to the ownership of the Borrower funds in the amount of [amount in figures and words] rubles, and the Borrower undertakes to return the loan amount to the Lender no later than [term].
1.2. This agreement is interest-free.
2. Rights and Obligations of the parties
2.1. The Lender has the right to request from the Borrower the documents and information necessary to resolve the issue of granting a loan and fulfill obligations under this Agreement.
2.2. The Lender is obliged to provide the Borrower with the borrowed funds within [term] from the date of signing this agreement.
2.3. The Borrower has the right to dispose of the funds received under this Agreement at its own discretion.
2.4. The borrower is obliged:
Submit documents and information requested by the Lender, necessary to resolve the issue of granting a loan and fulfill obligations under this agreement;
To insure at its own expense the pledged property in its full value against the risks of loss and damage, and if total cost property exceeds the amount of the secured claim - by an amount not less than the amount of the loan;
Take measures necessary to ensure the safety of the pledged property, including to protect it from encroachments and claims from third parties;
Return the received loan amount to the Lender no later than the period specified in clause 1.2 of this agreement.
3. Securing the contract
3.1. The loan provided under this Agreement is secured by collateral.
3.2. The Borrower is the Pledgor.
3.3. The subject of pledge is an object of immovable property - [name, characteristics and identifying features], hereinafter referred to as property.
3.4. The property is not encumbered with any obligations of the Pledgor to third parties and is free from their claims, is not under arrest or prohibition.
3.5. Replacement of the subject of pledge is allowed with the consent of the Lender.
3.6. Subsequent pledge of property [allowed / not allowed].
3.7. The pledged property remains in use by the Pledgor.
3.8. By agreement of the Parties assessed value the subject of pledge as of the date of conclusion of this agreement is [amount in figures and words] rubles.
3.9. The borrower retains the right to dispose of the pledged property. At the same time, the transfer of the right to the pledged property is possible only with the transfer to the new owner of the principal debt secured by the pledge.
3.10. Pledge of property ensures the fulfillment by the Pledgor of the following obligations under this agreement:
Repayment of the loan amount in the amount of: [amount in figures and words] rubles;
Payment of interest for the use of other people's funds in the amount and in the manner prescribed by this agreement;
Compensation for losses caused by non-fulfillment or improper fulfillment of obligations under this agreement;
Reimbursement of the necessary expenses of the Lender for foreclosing the property and its sale.
3.11. Foreclosure on property to satisfy the requirements of the Lender may be levied in case of non-fulfillment or improper fulfillment by the Borrower of obligations under this agreement.
3.12. Foreclosure on property is carried out in judicial order or without going to court in the manner prescribed by the agreement of the Parties on the procedure for foreclosing the pledged property and its sale, concluded after the grounds for foreclosing the subject of pledge arise.
3.13. The pledgor has the right to terminate the foreclosure of the property and its sale at any time, having fulfilled its obligations under this agreement.
4. Liability of the Borrower
4.1. In case of delay in the fulfillment of the obligation to repay the loan amount, interest on it shall be paid for the use of other people's funds, in the manner and amount provided for in paragraph 1 of Article 395 Civil Code RF, from the day it was supposed to be returned until the day it was returned to the Lender.
5. Final provisions
5.1. This agreement is considered concluded from the moment of its registration in [name of the registering authority].
5.2. The amount of the loan shall be deemed repaid at the time of [credit or transfer] of the relevant Money[to a bank account or at the cash desk] of the Lender.
5.3. Any changes and additions to this agreement are valid subject to their written form.
5.4. This agreement is made in 3 authentic copies, one of which is kept in the files of the registering authority at the address: [fill in the correct one], and the rest are issued to the Parties.
5.5. In everything that is not provided for by this Agreement, the Parties are guided by the current legislation.
6. Details and signatures of the Parties
Lender Borrower
[fill in] [fill in]
-
It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both. -
At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.
Thousands of citizens prefer to solve their financial difficulties by borrowing money. There are times when a decent amount of money is urgently needed, but for some reason (bad credit history, lack of official income) it is impossible to agree with banks. In this case, there is an option to get a loan from an individual.
It should be understood that the transfer of a large amount of debt increases the risks of the lender. Therefore, the best solution that satisfies both parties may be a loan secured by real estate.
What it is
A loan agreement secured by real estate is an agreement under which one of the parties (the lender) transfers to the other party (the borrower) a certain amount money on the condition of its repayment, taking into account the interest accrued for the use and the pledge of real estate. In practice, two agreements are usually drawn up: a cash loan agreement and, as security for transaction obligations, a pledge agreement.
Real estate is understood as objects connected with attachment to land, the free movement of which is impossible:
- apartments, houses
- garages, land plots;
- construction in progress.
- other property (for example, aircraft and ships)
You can only mortgage the property, the ownership of which is documented. The main requirement for real estate is that the collateral must be liquid.
An encumbrance in the form of a pledge is subject to mandatory registration. After that, until the fulfillment of obligations under the loan agreement, the debtor does not have the right to carry out with the pledged property any legal action: sell, re-mortgage, donate, etc.
The pledge agreement allows the lender to ensure the return of the debt through its implementation in cases where the borrower grossly violates the terms of the agreement. The debtor is allowed to use the pledged real estate during the period of the pledge.
Requirements for the parties
The parties to the agreement under the loan agreement may be adult capable citizens. A borrower providing collateral under a loan agreement must have title documents for the collateral object, i.e. be its owner.
If the debtor is a co-owner of real estate, a notarized consent of a third party is required to register the pledge. It is not forbidden to use the property of third parties. The law does not prohibit foreign citizens or stateless persons from acting as parties to a transaction.
Required documents
To draw up a loan agreement between individuals a passport is required. In order to prepare and execute the registration for the pledge of real estate, it is necessary to prepare a portfolio of documents.
In particular, you will need:
- prepare a statement from both parties to the transaction;
- pay the state duty and provide a receipt for its payment;
- print out the pledge agreement in three copies (one is transferred to the notary for storage);
- provide a document establishing the right of ownership (an agreement on privatization, sale and purchase, inheritance, etc.);
- attach a certificate from the BTI to the documentation;
- in case of redevelopment, it is necessary to add the original order and the act of redevelopment;
- certify at the notary the marital consent to conclude a pledge agreement with a copy of the marriage certificate and attach it to the main documents;
- have the main loan agreement in hand, since the secured requirements are also prescribed in the pledge agreement.
Collecting documents for real estate pledge is a lengthy process that requires a lot of time and effort. The easiest way is to entrust this matter by issuing a notarized power of attorney to represent your interests to a professional lawyer.
How to draw up a loan agreement between individuals with real estate pledge, sample
As already noted, in order to complete a transaction on a loan with collateral, two agreements should be drawn up: the main one - a loan and an additional one that ensures the execution of the first.
The procedure for drawing up a loan agreement is regulated by Chapter 42 of the Civil Code of the Russian Federation (Articles 807-818).
The loan agreement consists of the following main parts:
- introductory part;
- main content;
- final (additional) provisions;
- details of the parties.
The introductory part includes information about the place and date of the document, the participants in the agreement and their passport data.
The main part of the agreement will be devoted to the subject of the agreement, i.e. the obligation of one of the parties to transfer the funds, and the other - to return the money to the lender within the terms established in the contract with accrued interest. It indicates the amount of money transferred, the planned date of their return and methods of paying the debt.
The usual practice for repaying a loan is to draw up an annex to the contract in the form of a payment schedule. The text of the document also prescribes the amount of interest that the lender plans to receive as a reward. It is imperative to mention penalties (penalties) in case of unfair performance of obligations by the borrower.
Additional clauses of the agreement contain settlement issues controversial situations, reflect the confidentiality of the transaction being concluded and provide for the actions of the parties in case of force majeure.
The loan agreement must include a phrase stating that in order to ensure the fulfillment of the obligation, the borrower pledges property and it is written what exactly is meant. Further, we indicate that the securing pledge agreement is an annex to the loan agreement.
In the final part of the contract, the details must be indicated and the agreement is sealed by the parties signing the agreement with their own hands.
An additional pledge agreement is drawn up for the pledged property. The pledge of immovable property is regulated by the Mortgage Law. The pledge agreement is an additional obligation, the purpose of which is to achieve the execution of the loan agreement. In this regard, the invalidity of the main agreement entails consequences in the form of the invalidity of the collateral agreement.
How to draw up a real estate mortgage agreement?
The property pledge agreement is concluded in writing. The text of the contract includes information about the parties, the place and date of its preparation. We focus on information about the main obligation. We give an exact description of the subject of collateral: the type of real estate, the main characteristics.
In additional conditions, we note who remains the subject of the pledge, whether the debtor can dispose of the property during the period of the agreement, and whether it is possible to replace the pledge with the approval of the lender. It is worth noting to what extent the collateral secures the obligations of the borrower.
AT final provisions we prescribe the responsibility of the parties and the terms of the agreement (they, as a rule, coincide with the terms of the main agreement - the loan).
At the end of the contract, we fill in the details and sign the agreement.
Sample contract can be downloaded
Registration
Registration of the pledge agreement is carried out in the Federal Registration Service (FRS).
Registration of the contract takes place in 5 stages:
- valuation of the apartment with the help of a specialized appraisal company;
- package collection required documents for registration;
- certification by a notary;
- payment of state duty;
- registration with the Fed.
After consideration of the application, an entry is made in the USRR and a certificate confirming the registration of the pledge is issued in 5 working days. For non-residential premises and land plots– registration terms are different – the time for obtaining a certificate can be up to 15 days, which should be taken into account when planning the procedure for processing a transaction.
Important: without state registration the contract is considered void.
Collection of mortgaged real estate
The mortgagee may legally use the judicial or extrajudicial method of foreclosing the mortgaged property in the following cases:
- in case of gross failure to comply with the terms of the loan agreement;
- if there is an encumbrance of collateral in favor of third parties;
- if there is a risk of loss of the subject of pledge due to the fault of the pledgor;
- in case of violation of the rules for the use of real estate by the borrower.
An extrajudicial method of recovery is possible only if it was provided for by the terms of the contract when the loan agreement was concluded by a notary public and the possibility of recovering by a notarial signature, and not by a court decision.
For getting judgment the case can be referred to the district court at the location of the borrower's property. The court, making a decision on the merits of the case, has the right to grant the debtor a delay of not more than one year to pay off the debt.
The reasons for refusal of the lender to apply for the collection of collateral may be two conditions:
- the amount of overdue debt is less than 5% of the property value;
- short delay - no more than 3 months.
If during the sale of real estate the proceeds exceed the amount of the debt, the surplus is returned to the borrower, and the obligation is considered fulfilled.
A loan agreement between individuals secured by real estate is a complex legal procedure that requires attention to many details.
Borrowers should carefully evaluate their financial opportunities to ensure timely fulfillment of debt repayment obligations. In order to fully protect their interests, both parties to the agreement should resort to the help of specialists.
Video: Making a loan secured by real estate
AGREEMENT No. 358
secured loan
Ivanov Petr Mikhailovich, hereinafter referred to as the "Borrower", on the one hand, and Petrov Ivan Mikhailovich, hereinafter referred to as the "Lender", on the other hand, have concluded this agreement as follows:
1. The Lender provides the Borrower with a loan in the amount of 1,000,000 (one million) rubles, and the Borrower undertakes to repay the specified loan amount to the Lender within the stipulated time.
2. The return of the loan amount specified in this agreement may take place at the request of the Borrower within 2 years in installments (in installments), but no later than March 15, 2020.
5. The loan provided by the Lender is interest-free, i.e. no interest (fee) is charged for its use.
4. The lender transfers the loan amount in stages over the following terms:
5. In order to ensure the proper fulfillment of its obligations to repay the loan amount within the period specified in paragraph 2 of this agreement, the Borrower pledges the following property: a 2014 Toyota Corolla car, hereinafter referred to as the “Property”.
The pledge agreement establishing the security is an appendix to this agreement and comes into effect no later than one week from the date of signing this agreement.
6. The Pledged Property serving as a security for the proper fulfillment by the Borrower of its obligations shall remain with the Borrower.
7. The Parties have agreed that the Borrower is not entitled to dispose of the Property serving as collateral without the consent of the Lender.
8. In case of loss by the Borrower of the Property, which is the collateral for the obligations of the Borrower under this agreement or deterioration of its conditions due to circumstances for which the Lender is not responsible, the Lender shall have the right to demand from the Borrower early repayment of the loan amount.
9. The Parties have determined that in case of non-fulfillment or improper fulfillment by the Borrower of its obligations to repay the loan amount, the Lender shall satisfy its requirements in full, determined by the time of actual satisfaction, at the expense of the Property serving as security for the obligations of the Borrower by selling it in the prescribed manner.
10. The Parties have agreed that in the event of an insufficient amount received from the sale of the Property, the Lender shall receive the missing amount from other property of the Borrower, which may be levied in accordance with applicable law.
11. If the amount received from the sale of the Property exceeds the amount of the granted loan amount, the difference shall be returned to the Borrower no later than 10 days from the date of sale.
12. In all other cases not provided for in this agreement, the current legislation shall apply.
15. This Agreement shall enter into force upon the transfer by the Lender of the first payment specified in paragraph 4 to the Borrower or the transfer of the relevant funds to his bank account.
14. In the event of disputes on issues provided for by this agreement or in connection with it, the Parties will take all measures to resolve them through negotiations. In case of impossibility of peaceful settlement of disputes, they will be resolved in the manner prescribed by the current legislation.
18. The contract is made in 2 copies.
16. Legal addresses and Bank details Parties:
Borrower: Petr Ivanov, Moscow, st. Berezovsky, 12
Lender: Ivan Mikhailovich Petrov, Moscow, st. Shirokaya, 12, apt. 55.
Signatures of the parties:
BorrowerLender
___________________________________________________
in a person acting on the basis of , hereinafter referred to as " Lender”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Borrower”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:- For the purpose of financial stabilization of the Borrower, the Lender shall provide the Borrower with a loan in the amount of rubles, and the Borrower undertakes to repay the specified loan amount to the Lender within the stipulated period.
- The return of the loan amount specified in this agreement may take place at the request of the Borrower within days in installments (in installments), but no later than "" a year.
- The loan provided by the Lender is interest-free, i.e. no interest (fee) is charged for its use.
- The lender transfers the loan amount in stages in the following terms:
- the first payment in the amount of rubles - not later than "" of the year.
- the second payment in the amount of rubles - no later than "" of the year.
- the third payment in the amount of rubles - no later than "" of the year.
- In order to ensure the proper fulfillment of its obligations to repay the loan amount within the period specified in clause 2 of this agreement, the Borrower pledges the following property: , hereinafter referred to as the "Property". The pledge agreement establishing the security is an annex to this agreement and comes into effect no later than one week from the date of signing this agreement.
- The Pledged Property serving as a security for the proper performance by the Borrower of its obligations shall remain with the Borrower.
- The Parties have agreed that the Borrower is not entitled to dispose of the Property serving as security without the consent of the Lender.
- In case of loss by the Borrower of the Property, which is a security for the obligations of the Borrower under this agreement or deterioration of its conditions due to circumstances for which the Lender is not responsible, the Lender has the right to demand from the Borrower early repayment of the loan amount.
- The Parties determined that in case of non-fulfillment or improper fulfillment by the Borrower of its obligations to repay the loan amount, the Lender shall satisfy its requirements in full, determined by the time of actual satisfaction, at the expense of the Property serving as security for the Borrower's obligations by selling it in the prescribed manner.
- The Parties have agreed that in the event of an insufficient amount received from the sale of the Property, the Lender shall receive the missing amount from other property of the Borrower, which may be levied in accordance with applicable law.
- If the amount received from the sale of the Property exceeds the amount of the loan, the difference is returned to the Borrower no later than days from the date of sale.
- In all other cases not provided for in this Agreement, the current legislation shall apply.
- This Agreement shall enter into force from the moment the Lender transfers the first payment specified in clause 4 to the Borrower or transfers the relevant funds to its bank account. This agreement will be considered fulfilled when the Parties fulfill their mutual obligations. The contract is terminated in cases provided for by the current legislation.
- In the event of disputes on issues stipulated by this agreement or in connection with it, the Parties will take all measures to resolve them through negotiations. If it is impossible to peacefully resolve disputes, they will be resolved in the manner prescribed by applicable law.
- The contract is made in copies.
- Legal addresses and bank details of the Parties:
Lender
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Payment account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Borrower
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Payment account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
- For the purpose of financial stabilization of the Borrower, the Lender shall provide the Borrower with a loan in the amount of rubles, and the Borrower undertakes to repay the specified loan amount to the Lender within the stipulated period.
- The return of the loan amount specified in this agreement may take place at the request of the Borrower during in installments (in installments), but no later than "" 2019.
- The loan provided by the Lender is interest-free, i.e. no interest (fee) is charged for its use.
- The lender transfers the loan amount in stages in the following terms:
- the first payment in the amount of rubles - no later than "" 2019
- the second payment in the amount of rubles - no later than "" 2019
- the third payment in the amount of rubles - no later than "" 2019
- In order to ensure the proper fulfillment of its obligations to repay the loan amount within the period specified in clause 2 of this agreement, the Borrower pledges the following property: , hereinafter referred to as the "Property". The pledge agreement establishing the security is an annex to this agreement and comes into effect no later than one week from the date of signing this agreement.
- The Pledged Property serving as a security for the proper performance by the Borrower of its obligations shall remain with the Borrower.
- The Parties have agreed that the Borrower is not entitled to dispose of the Property serving as security without the consent of the Lender.
- In case of loss by the Borrower of the Property, which is a security for the obligations of the Borrower under this agreement or deterioration of its conditions due to circumstances for which the Lender is not responsible, the Lender has the right to demand from the Borrower early repayment of the loan amount.
- The Parties determined that in case of non-fulfillment or improper fulfillment by the Borrower of its obligations to repay the loan amount, the Lender shall satisfy its requirements in full, determined by the time of actual satisfaction, at the expense of the Property serving as security for the Borrower's obligations by selling it in the prescribed manner.
- The Parties have agreed that in the event of an insufficient amount received from the sale of the Property, the Lender shall receive the missing amount from other property of the Borrower, which may be levied in accordance with applicable law.
- If the amount received from the sale of the Property exceeds the amount of the loan, the difference is returned to the Borrower no later than days from the date of sale.
- In all other cases not provided for in this Agreement, the current legislation shall apply.
- This Agreement shall enter into force from the moment the Lender transfers the first payment specified in clause 4 to the Borrower or transfers the relevant funds to its bank account. This agreement will be considered fulfilled when the Parties fulfill their mutual obligations. The contract is terminated in cases provided for by the current legislation.
- In the event of disputes on issues stipulated by this agreement or in connection with it, the Parties will take all measures to resolve them through negotiations. If it is impossible to peacefully resolve disputes, they will be resolved in the manner prescribed by applicable law.
- The contract is made in copies.
- Legal addresses and bank details of the Parties:
