Land pledge agreement

General information

Unforeseen circumstances often occur in life, such as losing a job, declaring bankruptcy, or illness of a close relative. If it is impossible to earn a large amount of money at once, citizens resort to the help of private organizations, such as banks, pawnshops, creditor firms, and employers. In particular, the lender can also be an individual.

When making any financial transaction, it is required to comply with Russian legislation and formalize the agreement legally. Bail is no exception to the rule. Funds are transferred on an interest basis, which implies compliance with obligations on both sides.

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Pledge is the transfer of property against a loan.

Basically, the objects of collateral are:

movable (for example, vehicles, which is described in more detail here) or immovable property;
objects of art, antiques;
jewelry;
shares, bonds, securities;
money.

A variety of things can be used as collateral, including property rights. For example: to ensure repayment of the loan, the bank may require a car or apartment to be pledged as collateral. In this case, the property remains with the debtor. Until the obligations are fulfilled, the property is assigned the status of an encumbrance. The owner will not be able to fully dispose of the property (rent, give or sell) until he pays off the entire cost of the loan. Otherwise, the property becomes the property of the lender.

A land pledge agreement is an agreement between the borrower and the lender, which describes the conditions for issuing money, the repayment period, the interest rate, as well as a detailed description of the pledged property. The parties undertake to comply with the terms of the transaction on mutually beneficial terms. In case of violations, participants are held administratively liable, since the document has legal force and can be challenged in court.

The borrower has the right to take out a loan and leave collateral only if he is the owner of the land plot.

Advance agreement for the purchase of a house with land sample download

A single deduction equal to . It is used in the event that it is impossible to confirm the purchase price of the house, or part of the property is sold as a share of the ownership rights of one of the owners. Mechanism for using a deduction: i.e. the amount on which the tax is calculated. It is on this basis that the tax amount is calculated, equal to 13% of the taxable base.
Deduction “income minus expenses” . That is, in this case, the taxable base is precisely the amount of profit received from the sale of the object. However, it can only be used if the property was purchased under a purchase and sale agreement, and it was preserved until it was resold. In relation to what was received as a gift to the current seller or in the process of registering an inheritance right to the property of a deceased person, this tax deduction system cannot be used. Mechanism for using a deduction: i.e. the amount on which the tax is calculated. It is on this basis that the tax amount is calculated, equal to 13% of the taxable base.

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Requirements for the contract

Drawing up an agreement on the pledge of real estate is regulated by Russian legislation, namely Articles No. 334-342 of the Civil Code of the Russian Federation. At the same time, no specific form of the document is provided, but the requirements have been agreed upon.

The parties to the transaction must:

be adults and have legal capacity;
be under retirement age;
work on the basis of official employment for at least 6 months;
receive a stable monthly income;
have Russian citizenship.

The pledge agreement provides for the obligations of the parties, therefore, when drawing up the document, it is necessary to pay special attention to the terms of the transaction - the percentage salary, the possibility of extending the payment period and other methods that can secure the rights to real estate.

Sample agreements for issuing a loan in a bank or other organizations are created by qualified lawyers. The document may contain clauses that put the borrower at a disadvantage, so you should read the text before signing. The small, unremarkable font deserves special attention.

Rules for drawing up a land pledge agreement :

document form - arbitrary: oral - for individuals;
written - if the loan amount is more than 1 thousand rubles;

drawn up in triplicate in the presence of the parties;

must be notarized;

The parties to the agreement can be both individuals and legal entities.

The secured property must be in the possession of the borrower, which is confirmed by a certificate of registration of ownership . If a share is given for a loan, the consent of the co-owners is required. In addition, the pledge agreement for the land plot on which the house is located deserves special attention. In accordance with Article No. 168 of the Civil Code of the Russian Federation , the mortgaged property must be loaned out in its entirety, otherwise the pledge agreement is considered void.

A land pledge agreement may be declared invalid if:

signed under duress or deception;
contradicts the law;
the owner's spouse was not notified;
presence of legal errors in the document;
a minor citizen is registered in a house located on a plot of land.

After signing, the agreement must be registered. An MFC employee enters data into the accounting register, as a result of which an encumbrance is placed on the property.

For state registration of a pledge agreement, the following package of documents will be required:

third copy of the signed agreement;
passports of the parties to the transaction;
application for registration (written and submitted by the owner);
certificate of registration of ownership;
technical passport for the land plot;
a copy of the House Book;
a certificate from the housing office confirming the absence of debts;
receipt of funds - when making a transaction between individuals or an employer, a private organization.

sample application for registration of a pledge agreement

When transferring money between individuals, it is required to draw up a receipt for receipt of money. The document, like the main agreement, is drawn up in any order. Written in hand by the recipient of the money.

The text of the receipt must indicate:

date, place of signing;
Full name of the lender;
passport details of the loan recipient;
the amount of money transferred (in numbers and in words);
a brief description of the mortgaged property;
subject of the transaction and contract number;
claims of the parties;
signatures of witnesses, as well as the borrower.

Attached to the document will be a copy of the borrower's identity card. Basically, the receipt is drawn up on the back of the duplicate passport.

receipts for receipt of money under the land plot pledge agreement at the link.

Sample contract

A real estate pledge agreement is the most common way to secure an obligation to repay a debt. Depending on the purpose, the subject of the agreement may be real estate, rights, equipment, etc. At the same time, money is issued for various purposes:

bank loans intended for making large purchases (for example, a loan to buy an apartment);
registration of a mortgage for the construction of a house is accompanied by the conclusion of a contract for the pledge of land and future buildings;
consumer loan (issued by private organizations);
deposit for creating small and large businesses.

As a rule, the terms of the contract mean that the pledged item remains at the disposal of the owner and is transferred to the creditor only in the event of default. When concluding a pledge agreement, the lender may insist on the seizure of the land plot until the debt is fully paid. Therefore, when drawing up an agreement, you must comply with a number of conditions.

The content of the land plot pledge agreement must indicate:

name of the agreement, contract number;
date of compilation, place;
full details of the parties - for legal entities detailed contact information, LLC address, personal bank account number are required;
subject of the transaction;
the reason for taking out a loan - for a mortgage, to buy an apartment, for treatment, etc.;
detailed description of the land plot - type of plot, condition of the soil and surrounding area, purpose, presence of buildings, size of the total area, address, cadastral number, etc.;
loan amount;
term;
detailed refund conditions;
interest rate;
consequences of non-compliance with the conditions;
in what cases can the lender take away the land plot;
method of early termination of the contract;
liability of the parties;
signatures, etc.

The loan agreement may be supplemented or amended by agreement of the parties. Termination of the transaction is also required to be registered with Rosreestr or the MFC at the place of residence.

To draw up a contract, you must present the following documents:

passports of responsible parties;
certificate of registration of ownership;
written permission of the spouse to pledge the land;
cadastral passport for real estate;
BTI passport;
salary certificate;
certificate of additional income, etc.

The lender may require additional documents confirming the possibility of repaying the loan, for example, a bank account statement or a sample will or deed of gift.

land pledge agreement here.

Contract for the sale and purchase of a residential building and land plot with installment payment

To unambiguously identify the subject of the purchase and sale agreement, you can use the cadastral passport of the land plot and its description, attaching copies of them to the agreement. A copy of the title document (certificate of ownership) must also be included in the general package of documents to verify the details specified in the agreement and as evidence of the existence of the right.

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Structure and features of the agreement

A well-drafted advance agreement allows you to minimize risks for the parties. An agreement with an advance payment must be drawn up in writing. It should contain the following items:

Information about the subject of purchase - a land plot: its cadastral number, address, area, category and type of permitted use, indication of the presence of encumbrances, etc. This item should be written down in as much detail as possible; it must clearly identify the land plot.
Rights/responsibilities of the seller and buyer. It is the seller's responsibility not to sell the plot to a third party after receiving an advance payment. It is the buyer's responsibility to pay the balance of the price after signing the main contract.
Advance payment amount. It is determined at the discretion of the parties, and the legislation does not contain limits on the amount of the advance. Typically, for land transactions, an advance payment of 1-5% of the value of the property is expected, but not more than 10%.
Deadline for transfer of advance payment by the buyer.
Payment procedure: cash or non-cash form.
If the advance is paid to the seller’s account, then it is necessary to register the bank account details. In this case, confirmation of the fact of payment of the advance and its receipt in the account of the property owner will be a bank account statement. No additional documents will be required.
If cash payment is expected, then it is worth indicating the method of confirmation of payment: issuing a receipt, participating in the transfer of money to a notary, renting a safe deposit box, etc. This minimizes the risks of fraud and non-refund of the advance in the event of controversial situations.
Penalties and consequences of refusal to conclude a deal. They are determined by mutual agreement of the parties. For example, a fine of 5% of the advance amount or penalty for each day of delay in signing the main purchase and sale agreement. This point should be given a lot of attention in case of conflict situations. When calculating the amount of the penalty, the court will focus primarily on the provisions of the advance agreement.