Problems when making a record of the existence of a legal dispute in the Unified State Register of Real Estate

Petition to request documents from the bank

Or does the court not help in such cases?
Evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to provide additional evidence. If it is difficult for these persons to provide the necessary evidence, the court, at their request, assists in collecting and requesting evidence.

The petition to request evidence must indicate the evidence, and also indicate what circumstances that are important for the correct consideration and resolution of the case can be confirmed or refuted by this evidence, indicate the reasons preventing the receipt of the evidence, and the location of the evidence.

A petition to request documents from a bank issues a party a request to obtain evidence or requests evidence directly. The person who has the evidence requested by the court sends it to the court or hands it over to the person who has the corresponding request for presentation to the court.

Officials or citizens who are unable to provide the requested evidence at all or within the time limit established by the court must notify the court of this within five days from the date of receipt of the request, indicating the reasons.

In the event of failure to notify the court, as well as in the event of failure to comply with the court’s request to present evidence for reasons recognized by the court as disrespectful, a fine is imposed on the guilty officials to request documents from the bank or on citizens who are not persons participating in the case - on officials in in the amount of up to one thousand rubles, for citizens - up to five hundred rubles.

Officials who do not comply with court requests to provide evidence are subject to a fine of up to one thousand rubles. In 1995, a loan was taken out against real estate. Rosreestr refused to repay the mortgage record. They say that this does not allow it to be individualized, which is why the record was not canceled. The agreement contains only the address of the bank branch and the account number with the Central Bank.

Useful material on the topic: Consequences of refusal of claims of the Civil Procedure Code

On its own initiative, the court refused to request evidence. Apply to the Central Bank? Request personal information submitted by the bank when registering the bank and opening an account? The termination of the mortgage must be noted in the register in which the mortgage agreement is registered.

When the pledge is terminated due to the fulfillment of the obligation secured by the pledge or at the request of the pledgor, paragraph 3 of Article 343, the pledgee who had the pledged property is obliged to immediately return it to the pledgor. Appeal the actions of Rosreestr through the court - prove that you really have a relationship with the bank under the loan agreement - for this you can submit copies of receipts for payment of amounts under this agreement.

But my contract only contains the title. What can you claim if you know the branch address and street number? The new petition to request documents from the bank was not registered in the Unified State Register and was not shown at all.

In a court case on declaring a bank bankrupt, should the current accounts and addresses of its branches be discussed? File a lawsuit to terminate the loan agreement - the statute of limitations has already passed, back in the 6th year.

The loan agreement was not completed, only the collateral. The period for protecting the bank's rights as a creditor and mortgagee has expired.

Is the petition to request documents from the bank grounds for challenging it on my part?

The bank's OPF was not indicated on the receipts. Only the recipient's account number and name. So the connection cannot be extended like that. If we leave liquidation aside, what is the legal structure of termination of a contract due to the expiration of the statute of limitations?

According to the pledge agreement - how is the pledge holder indicated in the agreement itself and how is it registered in the sense of the name in Rosreestr - the same as in the loan agreement or the full name? The loan agreement has not been preserved.

Can you tell me more about the legal structure? Just not about the procedure for going to court, everything is clear here, but about the method of defense. In accordance with Art. Also, the limitation period for these contracts, according to Art.

Information on the transfer of rights of claim under the agreement, a petition to obtain documents from the bank. Until now, no one has made demands for repayment of debt under the loan agreement. And if it is not proven, then it is formally possible to recover for the last 3 years in accordance with the payment schedule.

Just this schedule, like the repayment period. Write a request to the Central Bank or file a petition in court to demand evidence. Consult a lawyer online. Categories General questions Court assistance in obtaining evidence Should the court, in a case of appealing a decision of a government agency, require evidence at the request of the applicant?

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Similar questions have already been considered, try looking here: Is it possible to appeal a court decision if a petition to obtain evidence is rejected? Is it possible to appeal the decision of the court of first instance on a petition to obtain documents from the bank in order to obtain evidence?

website lawyers. Was the lawyer's response helpful?

All legal services. Support of real estate transactions. Best price guarantee - we negotiate with lawyers in every city on the best price. Maybe, if he considers it necessary: Clarification of the client What will be the evidence in such a situation? Client clarification Not repaid. Have there been any demands from the bank regarding the debt?

Maybe if he deems it necessary. Evidence is presented by the parties and other persons participating in the case.
Searching for additional evidence Clarifying the main wording of the claim Can the son be a defendant Obtaining additional materials for the court Replacing the defendant. Clarification of the client and will it be necessary to prove the fact of liquidation of the bank?
Avtozavodsky District Court

Maybe they sold your debt? Client information: The bank was liquidated in 2003. With the court decision, go to Rosreestr. Clarification of the client Not how many were forgiven, but how many were not sold in time. We assume a new mortgagor. I didn’t quite understand the client’s clarification: The client’s clarification and will it be necessary to prove a petition to obtain documents from the liquidation bank?

Client clarification It is not yet possible to prove liquidation. Rashid, ask for an extract from the tax office - that will be enough. Clarification of the client An extract to Rosreestr, a petition to obtain documents from the bank, was then submitted to the court.

So what about expiring claims? Rashid, essentially, yes: Clarification from the client and can I, on this basis, that is, due to the expiration of the statute of limitations, demand termination of the contract? Rashid Do you still have the receipts? Client clarification The bank's OPF was not indicated on the receipts.

Legal advice What to do if your claim is unfairly denied;
We go to him;
Ivanova Irina Ivanovna Address;
The Batetsky District Court was abolished by the Federal Law of May 7, 2009.

Submit an application to the court to terminate the loan agreement and the collateral agreement securing it; 2. Set out everything in detail; 3. Clarification of the client in terms of the full name? Client clarification The loan agreement was not preserved. Taking into account all of the above, based on Art.

Recognize the loan agreement and the pledge agreement as terminated. Oblige the FKP cadastral chamber to pay off the mortgage record.

Clarification of the client if it were possible to prove the identity of the banks, then the rest is a matter of technique.

What are the grounds for termination of an obligation? Similar petition to obtain documents from a bank. Is it possible to appeal a court decision if the petition to obtain evidence is rejected?

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Request form for information from the Unified State Register

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

The Unified State Register of Rights to Real Estate and Transactions with It (USRP) exists as an information resource that stores data about real estate objects and their owners.

The register is maintained on the basis of the provisions of the Law “On State Registration of Rights to Real Estate and Transactions with It” (No. 122-FZ, July 21, 1997).

Rules for making a request:

Each sheet should have a number in Arabic numerals and information about the total number of pages.
First, indicate the name of the body to which the appeal is sent (with the preposition “c”).
If the task is to find out information about individual objects of one’s own citizen, then their names are clarified. If you need general information about the property rights of one person, then do about.
Next, you need to indicate the desired form of receiving data. If on paper, then indicate the number of copies.
If it is necessary to clarify who the owner is, then indicate the name of the object, and if information about the ownership of one person, then fill in the column “copyright holder”.
If it is intended to receive data in paper form, then indicate the method: personal visit or mail.
Legal entities must fill out the section with information about the applicant; individuals do not need to do this.
When sending a request by mail, you must have the applicant's signature notarized and also attach a payment document.

The request form typically consists of five sections on one page and a section listing the attached documents. In this case, an individual only needs to fill out three sections. If the request is made by the head of a legal entity, then the fourth section is completed.

Let's celebrate! In case of action under a power of attorney by an authorized person - section 5. The sixth section lists the attached documents, if any. Next, the request is certified by signature and seal (if possible).

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Information from the Unified State Register is requested to clarify the following questions:

who owns the property and whether there is an owner at all;
what restrictions are provided for the object (or lack thereof);
information about real estate and its owners;
whether legal proceedings are ongoing and whether there are requirements related to a certain object (at the time the extract was created).

The final extract from the register will contain the above data. Absolutely any interested citizen can obtain such information. Data can be provided not only in the form of an extract, but also in the format of other official documents.

The owner of the property can receive information about who made a request to the Unified State Register regarding the property he owns.

Let's celebrate! The Ministry of Economic Development of Russia has developed and approved a special request form for the Unified State Register (Order No. 180, May 14, 2010). For any purpose of accessing the registry, the request form is the same. If the data is entered incorrectly or an error is made, then Rosreestr will not accept the application.

There are several ways to get the information you need:

send an application by post;
fill out the electronic form on the Rosstat website;
personal appearance before the authorized bodies (Rosstat, cadastral chamber, multifunctional center and others);
using on-site services.

Note! The most common are: personal appearance at Rosstat and filling out an application online. The principle of drawing up a request to be sent by mail is no different from filling it out in person, however, to send it by mail, you need a notarized signature, which can cause additional time and money. In addition, you must have a request form.

On the Rosreestr website

Office with the following documents:

A request in the form established by order of the Ministry of Economic Development of the Russian Federation dated May 14, 2010 No. 180 “On establishing the procedure for providing information contained in the Unified State Register of Rights to Real Estate and Transactions with It” (can be filled out independently or by a specialist of the Department receiving documents ).
Original payment document confirming payment for providing information.
An identification document of the applicant (or an identification document of the applicant's representative).
A duly executed power of attorney (if the request is submitted by a representative of the applicant acting on the basis of a power of attorney).
An extract from the register of legal entities, when a request is submitted by a representative of the legal entity.

My documents" statement about the impossibility of registering ownership rights to a real estate object without the personal participation of the copyright holder. Then applications received by Rosreestr regarding transactions with property that were not submitted by the owner or even his legal representative will be rejected without consideration.

However, in cases where there has been a situation of fraudulent sale of real estate in the hands of the owner. supporting documents (certificate, administration decree, purchase/sale agreement under which the property was previously acquired, will, notarial certificate, cadastral passport, court decision, acceptance certificate, deed of gift, receipts, etc.) will serve as evidence of his rights to his own object, and the transaction will be declared void in court.

How to obtain a register of owners of premises in an apartment building

The method of storing papers on the basis of which entries are made in the register is established by the owners of apartments in a multi-storey building during a general meeting. From the moment the contract expires, the fate of the documents is regulated by Art. 162 Residential Complex of Russia. The same thing awaits them as technical papers for a multi-story building.

The management organization of an apartment building (MC, HOA) must choose a document flow system that would allow at any time to restore information about the owners of residential premises and continue activities related to maintaining the register if problems arise with computers, storage media or installed software.

Rosreestr request about property rights of an individual

Registration methods How can a certificate from the Unified State Register of ownership of property be obtained? There are a huge number of solutions. All of them are used in practice very actively. Citizens themselves choose how to act. In general, the paper being studied can be formatted:

personally;
through the Internet;
by mail;
through representatives.

In practice, the first two options prevail. Representation takes place in cases where the applicant is a legal entity. Ordinary citizens try to apply for an extract on their own. Where to get? Where can I get a certificate from the Unified State Register of Property Rights? You are allowed to come to some registration authorities for help. Namely:

to Rosreestr;
to multifunctional centers;
to cadastral registration chambers.

In addition, Internet services come to the rescue.

How to get an extract? An extract from the Unified State Register can be obtained in several ways:

Personal appeal;
By registered mail;
By email with digital printing;
Through the official website of Rosreestr.
Through the ktotam.pro service.

To receive an official paper document, you need to apply in person or send a registered letter. An electronic certificate will be received by e-mail.

In this case, you will need to pay a state fee, which varies for legal entities and individuals.

For ordinary citizens, this is no more than 200 rubles, but legal entities will have to pay about 600 rubles. Rosreestr must issue a certificate within five days from the date of registration of the application.

According to the order of the Ministry of Economic Development of the Russian Federation dated February 15.

2012 N 58 “On the procedure for collecting and returning fees for the provision of information contained in the Unified State Register of Rights to Real Estate and Transactions with It, by providing access to an information resource containing information from the Unified State Register of Rights to Real Estate and Transactions with It, and also the amount of such fee” a fee is provided for requests.

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For this purpose there is a section “My Accounts”. In this section, the Applicant is shown a form with a list of available accounts. At the same time, for each type of Applicant, a different cost for providing information on the property is determined. Services are provided with a positive account balance. An account is an analogue of a cash account; the number of real estate objects is used as units of measurement.

Currently, anyone can use the Internet and the electronic portal of Rosreestr to order an extract from the Unified State Register, in electronic form around the clock, without leaving home, form and send a request to Rosreestr to receive information in the amount of an extract from the Unified State Register.

To create a request for rights to a real estate property and transactions with it, you need to go to the following tabs on the public services portal of Rosreestr: “Activities”, “Rendering government services”, “Providing information from the Unified State Register”.

Next, you should fill in the fields in accordance with the data of your request.

We draw your attention to the choice of method for providing information.

If you select an extract from the Unified State Register as a link to an electronic document, then you will receive an electronic document signed with an electronic digital signature (EDS).

The form for both a general request and special forms, for example, for obtaining an extract on existing rights in the territory of different constituent entities of Russia, as well as samples for filling out, can be found on the official website of Rosreestr.

The fee for providing the service, depending on the form of obtaining information - a paper or electronic document, its content and the applicant, citizen or organization, varies from one hundred fifty to two thousand five hundred rubles, but usually two hundred are charged from an individual for providing information in the form of a paper document. and from legal - six hundred rubles.

Obtaining information from the Unified State Register Obtaining information is carried out in two ways:

providing an extract from the register;
providing access to a resource containing registry information. In this case, the applicant is provided with keys to access the system.

How to obtain information from the unified information resource of Rosreestr? The Unified State Register of Rights to Real Estate (hereinafter referred to as the Unified State Register of Real Estate Rights) is a large information resource created in 1998 to exercise state control over the correct preparation and implementation of transactions in relation to any real estate.

It makes it possible to obtain all information about real estate objects and completed transactions with them, as well as relevant data about the restrictions, encumbrances or arrests that apply to them.

An extract from the Unified State Register for real estate and an extract from the Unified State Register about the registered rights of an individual to his real estate assets are the most common types of official documents that can be obtained from the Unified State Register to “punch through” the object, i.e.

To complete serious transactions, you need to order an extract from Rosreestr in person so that it is certified by all seals and signatures.

Before this, you need to clarify with the organization the validity period of the document so that information about the presence or absence of encumbrances is as up-to-date as possible. The easiest and fastest way to get an extract from the Unified State Register online, without leaving your home, is the ktotam.pro service.

Around the clock, in just 10 minutes, you will receive complete information about the property according to official data from Rosreestr. The procedure for obtaining an extract from the Unified State Register is simple if you follow the rules and fulfill all the requirements of the state register. Prozhivem.

The full official name is “Extract from the Unified State Register of Individual Entities on the rights of an individual to his real estate assets.”

The article describes in detail the contents of this extract and 2 ways to obtain it - at the Federal Registration Service and through the Rosreestr website.

How to find out who is the owner of an apartment

Anyone can get the information they need from Rosreestr. To do this, he only needs to contact the local territorial branch of the organization (or the MFC) with an application. There they will not only provide data on the owner of the property, but will also issue an official extract from the Unified State Register.

Housing maintenance company. If the applicant has valid reasons, the information will be provided without problems and immediately. But, in general, the housing office is not obliged to provide such data. Company employees, of course, will provide information, but they will not issue any official document that would have weight, say, in court.
BTI. This organization also has the necessary information. But he shares them with outsiders only after receiving a request - notarial or judicial.
Notaries. These have the right to receive absolutely any information within the framework of current legislation. But the data obtained can only be communicated to potential buyers of the housing of interest who have applied for a certificate of purchase and sale transaction.
Tax Inspectorate. This organization has all the data, because only apartment owners pay real estate taxes. You can contact your local office with a statement indicating the reasons why such information is necessary. Only these reasons must be truly convincing.
Rosreestr. Here, upon application, you can always obtain the information you are interested in, as well as data about the property itself (including any encumbrances it has).

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Extract from the Unified State Register of Real Estate on the rights of an individual to his real estate properties

Category updated: November 13, 2021

An extract from the Unified State Register of Real Estate on the rights of an individual to real estate he or she owns is a document that contains information from Rosreestr about real estate owned by a particular right holder in the territory of the Russian Federation. The article describes in detail the contents of this extract and 2 ways to obtain it - at the Federal Registration Service and through the Rosreestr website.

The extract lists real estate objects and their information belonging to one or another copyright holder:

type of property;
cadastral (or conditional) number of the property;
name of the property;
purpose of the property;
address (location) of the property;
type of registered right;
date and number of state registration of the right;
registered restrictions (encumbrances) of rights;