The object must first acquire and then it may be pledged to obtain money. An important legal aspect of commercial mortgages – registration of ownership of residential premises while the mortgage encumbrance Federal law does not provide. The mortgage agreement commercial Property is in compliance with general rules of the Civil Code of the Russian Federation on the conclusion of treaties, as well as the Federal Law "On Mortgage (mortgage)." According to paragraph 1 of Article 9 Federal law in the contract of mortgage must specify the subject of mortgages, its evaluation, being the size and term of the obligation secured by a mortgage. Who benefits from a commercial mortgage? Market participants commercial mortgages agree that the development of a business mortgage is constrained primarily gaps in legislation. However, it is not clear, and someone who will be the borrower, what is its quality. Reliable stable companies have opportunity to take on the real estate purchase a normal commercial loan against any property of the mortgage does not particularly needed.
And if the company has no collateral or banks do not consider it possible to give her a loan based on an assessment activities of such companies – why do we need such a mortgage borrower? It is for this reason that the Russian commercial real estate mortgages as long as is typical, mostly for large companies. Do small businesses do not have sufficient collateral software. On the specific risks of small business issues are superimposed opaque commercial real estate market.
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