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Federal Notary Chamber: Register of notices on pledge of movable property sets records

CrimeaPRESS reports:

The Russians began to check purchased cars for collateral more often: the number of applications to the Register of notifications on the pledge of movable property increased by 5.2 million compared to the same period last year. Since the beginning of the year, there have already been ,7 million hits to the registry.

Created by the Federal Notary Chamber on behalf of the President of the Russian Federation, the register is indispensable in the new realities of the car market, and the participation of a notary in transactions with cars can protect against many troubles. Auto experts predict serious changes in the structure of the Russian car market: sales of new cars will decline, which will lead to a reorientation of the consumer towards the used car market. And he, as you know, is fraught with a lot of hidden risks. We tell you how to protect yourself when buying a used car in the material of the Federal Notary Chamber.

Car market analysts say that from % to 50% car dealerships will be forced to close due to the impossibility of delivering new cars to Russia and the closure of local auto production. According to the forecast of the Ministry of Industry and Trade, in 2022 about 750 thousand cars will be sold, which is by 55% less than a year earlier. The Association of European Businesses has calculated that in the first five months 2022 of the year, the drop in sales of new cars reached 50%.

But sales of used cars in the current conditions have increased dramatically — in the first quarter alone, the number of cars bought «from hand» increased by almost 30%. At the same time, used cars themselves have risen in price by 15, 5%. In conditions when you have to buy a car in the secondary market, and the transaction price is critically higher than usual, it is important to secure the transaction as much as possible.

Buying a car requires the buyer to be attentive not only to technical features, but also to the legal purity of the object. One of the risks of buying a car in the secondary market is the likelihood of the car being pledged. For example, if the seller purchased a car on credit, the car will be pledged to the bank until the loan obligations are met in full. And, if the seller accidentally or intentionally withholds this information, the buyer may get into an unpleasant situation and be left without a car — if the loan is not repaid, the bank may take the car.

But if you exercise due care, you can not worry. Even if the seller hides information about the encumbrance, the Register of Notifications on the Pledge of Movable Property, created by the Federal Notary Chamber, will show the whole truth about the car.

It contains information about pledges of any movable property, including vehicles. Using a free online service on the FNP portal, the buyer can check any movable property for encumbrances in the form of collateral. To do this, go to the site (https://www.reestr-zalogov.ru/state/index); open the tab «Find in the registry»; go to the section «Information about the subject of pledge»; enter the VIN number in the «VIN» field if it is a car; if the VIN is unknown or if you need to find information about another type of property, you can use the search for other known parameters. You can also check the seller. The registry provides for the possibility of searching “by information about the pledgor”. If this is an individual, you need to indicate the last name and first name, if it is a legal person — the full name, PSRN and TIN. The system will provide information about what property of this person or company is pledged and from whom.

From year to year, the FNP resource is in great demand among citizens and legal entities. The information in the registry is constantly updated and updated. At the moment, the registry contains about 8 million car pledge notices. For the current year alone, 1.1 million entries were made to RUZDI, which is % more than in the same period last year.

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If the property you are checking appears on the register, it means that it is in collateral. If the check fails, it means that a car or other movable property can be bought. However, even in this case, it is recommended to play it safe and request a notarized extract from the register, since, unfortunately, credit organizations do not always provide information about encumbrances in a timely manner. Such an extract will serve as additional evidence of the acquirer’s good faith: if at the time of verification there was no information about the encumbrance, it is considered that the buyer could not find out about the pledge, therefore, he is a bona fide purchaser and should not be liable for the debts of the previous owner of the car. That is, even if it turns out that the property is still under encumbrance, but the bank did not enter this information into the register in a timely manner, the vehicle will not be taken away from you. You can get an extract both by contacting a notary in person, and online — through the portal of the Federal Notary Chamber.

Those who want to protect themselves from all the legal risks associated with buying a car should take a closer look at the notarization of the vehicle purchase and sale transaction.

Many are accustomed to making such transactions literally «on the hood» — they signed an agreement and dispersed. The seller — with money, the buyer — with a car and … another portion of risks. For example, what if marriage? Not a technical marriage of the car, but the marriage of its seller, registered in the registry office. After all, if the owner of the car was married at the time of its purchase, then, as a general rule, and in the absence of a marriage contract, the car is considered jointly acquired property, regardless of in whose name the vehicle is registered. And, therefore, for its sale, the consent of the second spouse is necessary. A deal in a simple written form only assumes that the spouse acts with the consent of the second half — it is impossible to predict how things really are and what level of trust in a particular family. It is not uncommon that even many years after the divorce, the second spouse decides to challenge the transaction made without his knowledge, and demands, for example, half the cost of the car or its return. In this case, the case will be dealt with in court, and the risks of being left without a car from a bona fide purchaser are quite high.

Applying to a notary’s office to certify a transaction for the sale of a car will minimize the risk of such problems: a notary can request information about the marital status of the seller directly from the registry office. This nuance will also be spelled out in the contract, and in the event of a conflict, not the buyer, but the seller of the vehicle will answer to the deceived spouse. In addition, the notary can make sure that there are no judicial acts declaring the participants in the transaction incompetent, as well as judicial acts in bankruptcy cases — this also reduces the risk of undesirable consequences. If we are talking about the certification of a car pledge agreement, the notary himself will submit a notification to the Register of Notifications on the Pledge of Movable Property. In the event of an error, the notary will bear the responsibility full financial responsibility for their actions and compensate the damage to the injured person.

If the transaction is nevertheless made in a simple written form, it is recommended, at a minimum, to obtain the notarized consent of the spouse to conduct it. In this case, the notary will explain all the consequences of the transaction, certify the will of the consenting spouse, and on this fact it will be almost impossible to challenge the transaction.

Source: Federal Chamber of Notaries

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