Hello dear.
Let's continue reading Eugene Onegin together. Last time we stopped here:

Having no high passion
Do not spare for the sounds of life,
He could not have iamba from a chorea,
No matter how we fought, to distinguish.
Scolded Homer, Theocritus;
But I read Adam Smith
And he was a deep economy,
That is, he knew how to judge
As the state gets richer
And how he lives, and why
He doesn't need gold
When a simple product has.
Father could not understand him
And he gave the land as a pledge.

The fact that Eugene could not distinguish an iambic from a chorea suggests that, after all, there were gaps in his education, and most importantly, he was alien to versification, and everything connected with it. Both iambic and trochee are poetic meters. Yamb is the simplest size, which is widespread and in every possible way. This is a two-syllable poetic foot with an accent on the second syllable. Here is an example of iambic pentameter:
You are a wolf! I despise you!
You are leaving me to Ptiburdukov!
In Chorea, the stress is on the first syllable. Example:
The clouds are melting in the sky
And, radiant in the heat,
The river is rolling in sparks
Like a steel mirror

metric feet

Who is Homer, I think, there is no need to explain (His name is not Simpson - I say right away), but I think that few are familiar with Theocritus. Also a Greek, also a poet, who became famous for his idylls. I learned about him in more detail when I was on the beautiful Greek island of Kos, where this poet worked at the temple of Asclepius. And you know, I got into it. The place is right there ...

Theocritus on the Spit

Adam Smith is actually the prophet and apostle of modern economic theory. If you had economics at your university, you have read the works of this Scotsman. Well, at least the work "On the Wealth of Nations", which was extremely popular in those days. Eugene, read it (and naturally in French, because English was not in honor) - and began to consider himself a prominent expert and teach his father.

Adam Smith

By the way, apparently, Pushkin played the title of this book on purpose “he could judge how the state is getting richer.” A simple product is land, and this is already the theory of French economists of that time. patriarchal father. But in fact, there is no conflict, because the author is ironic, calling Eugene a "deep" connoisseur. And could a young man, superficially picked up knowledge in the basics of economics, help his father avoid ruin? Of course not, only in theory.
But let's quote the last part for today.

All that Eugene still knew was
To retell me the lack of time;
But in what he was a true genius,
What he knew harder than all sciences,
What was izmlad for him
And labor, and torment, and joy,
What took a whole day
His yearning laziness, -
There was a science of tender passion,
Which Nazon sang,
Why did he end up as a sufferer
Its age is brilliant and rebellious
In Moldova, in the wilderness of the steppes,
Away from his Italy.

Ovid.

In general, Onegin was not only a sybarite and a lazy white-handed, but also an insidious seducer. What we will see later. Not only an amateur, but also a real pro :-)
Not everyone knows who Nazon is, but they certainly heard the name Ovid at least once. They are one and the same person. Full name Publius Ovidy Nazon. Ancient Roman poet and wit, one of the most famous and popular, who lived at the turn of the 1st century A.D. If you have not read his metamorphoses, I highly recommend it. And it's interesting, and they served as role models for a bunch of authors. The same Pushkin, as far as I know, loved and appreciated Ovid very much. He glorified the science of tender passion, most likely, in his other famous major work, "The Science of Love." Or maybe in love elegies.

I discovered this while reading "The Science of Love" in the book of the Publishing House "Yantarny Skaz", Kaliningrad, 2002

Under Emperor Augustus, fig knows why, an extremely popular poet was exiled to the Black Sea region in the city of Toma (now Constanta). The trick is. That this is not Moldova, but Dobrudzha, and moreover, this city is on the seashore, not in the steppes. Pushkin, who was in exile in Chisinau, is absolutely clear about this. Why he made a deliberate mistake is unclear. Although, looking at his grades in geography at the Lyceum, there may have been an unconscious mistake :-)

To be continued…
Have a nice time of the day

The pledge of a land plot is the granting of certain rights to the creditor to recover from the property owned by the debtor in the event that the rules of official payments have been violated.

In fact, mortgage of a land plot is the same mortgage, in which real estate remains in the ownership of a person, but only as long as he regularly pays his debts. If the debtor does not pay the due amounts or interest to the creditor, the land may be alienated in favor of the latter.

Both a legal entity and an individual can act as a creditor. To confirm the rights of both parties, it is necessary to conclude a well-drafted pledge agreement. Only after drawing up such an agreement, the concluded transaction is considered valid.

Of course, a mortgage for a land plot has its own rules and regulations. So, under what circumstances can a mortgage be issued for a land plot?

1. When registering a pledge, the property remains in ownership, but the rights to dispose of it are limited.
2. If the land plot is registered for several share owners, the pledge is issued only if the written consent of all equity holders is received.
3. The imposition of collateral obligations on land that is in municipal or state ownership is not allowed.
4. If the land is in a life-long, hereditary possession, it is also impossible to take a pledge against it.
5. A loan agreement for land may indicate a specific amount of payments, as well as interest that must be paid for debt obligations.

The main rule of registration of a mortgage under the ground- this is proof that the property belongs to this particular owner. To confirm their rights to land, a person can provide a cadastral passport. Not only the owner, but also the tenant of real estate can issue a deposit for a land plot.

Not only the tenant, but also the landlord must agree with the registration of the deposit. Registration of a pledge in this case is possible only when it does not contradict the Federal Law.

If the site is state-owned, you cannot take out a loan or mortgage against it.

The status of the land plot is recorded in the cadastral passport. However, if the land (even if it is public) is leased, collateral transactions with her are possible... So, the tenant can put his lease rights as a pledge with the consent of the property owners.

Loan terms and conditions

Registration of loan obligations for a land plot is a very complicated and time-consuming business. Here it is important to collect the entire package of documents required for registration of a pledge, to take into account all the available nuances. What documents may be needed to a person in the event that a loan is issued secured by land?

1. Cadastral passport showing all information about the land.
2. All documents indicating possible rights of third parties to land
3. Land plot plan, which contains all the information regarding the real estate.
4. Papers confirming the market value of the land, signed by a professional appraiser.
5. Correctly drafted pledge agreement.

All these documents must clearly confirm the borrower's ownership of the land. He needs to provide a full range of information about the land plot, as well as the number of owners who have rights to this property.

If the property is registered for several persons, a special document is required, confirming in writing their consent to a loan secured by a land plot.

In addition, it is necessary to correctly draw up a contract for the imposition of collateral obligations on the land. Such an agreement contains information about the owner of the property, the mortgagor, the subject of the transaction and the value of the land. All this information helps to correctly draw up a deal, so that after the conclusion of the contract, both parties do not have any questions.

Collateral obligations are usually prescribed in this agreement (for example, the amount of payments and the amount of% paid).

Using a properly drafted security agreement, both parties can prove their rights in the event that they have been violated. Also, the amount of payments is prescribed in this agreement, which cannot be increased. If the mortgagee requires an increase in the amount paid, the land owner has the right to go to court.

Another essential piece of paper is the score sheet., telling about the true value of the land. The assessment is carried out by a professional based on a whole group of criteria. What criteria are we talking about?

1. The location of the site and its distance from the city.
2. The size of the plot and the fertility of the local land.
3. The presence of buildings on the site.
4. Purpose of this land property.
5. The presence of communications on the site (gas, electricity, water supply).

The appraisal is necessarily made in monetary terms, and the total amount must not be less than the cadastral price of land.

Usually the mortgagor reserves a group of land rights. So, for example, he can erect structures on a given plot of land without the knowledge of the mortgagee. In the future, the pledger can dispose of these buildings at his own discretion.

In clause 1 of Article 64 of the Federal Law of the Law "On Mortgages" it is prescribed that a person can pledge land without those buildings that are located on it.

If the pledge obligations are violated, and the land turns out to be alienated, the former owner has limited rights (easement) to the territories where the buildings erected by him are located.

Also, the owner can mortgage not all buildings, but only some of them.

A person who has taken out a loan for a land plot is obliged to ensure that the land is in its previous state, its fertility indicators do not change. If some indicators of the land plot change, the mortgagee has the right to demand a revision of the real estate appraisal.

Mortgage and rules for filling out a pledge agreement

Many banks prefer not to issue mortgages on the security of a land plot. The thing is that certain risks are associated with this process, because it is sometimes too difficult to determine the true value of real estate. In addition, the land can suddenly lose its former value.

That's why banks prefer not to issue mortgages for land plots due to too high a percentage of risks.

Both targeted and non-targeted loans can be issued underground. Targeted mortgage lending is the issuance of a sum of money specifically for the purchase of an apartment or house, the inappropriate option implies the waste of funds for any purpose.

Banks prefer to issue a targeted loan underground, and for a specific amount. Almost always, a land plot cannot cover more than 50% of the issued amount.

To apply for a mortgage, all the same documents are required, as for the conclusion of the pledge agreement. But the banks still require information confirming the client's solvency (entries in the work book, 2-NDFL certificates). Banks also require originals and copies of passports of those persons who take part in this transaction.

When applying for a loan or mortgage for a land plot, all structures erected by the owner are taken into account in the calculation of the true value of the land. However, if, in the process of paying off the collateral, a person erects new buildings on the site, the loan and mortgage do not apply to them.

The contract for a loan secured by land ownership almost always has the same form. If an agreement is concluded between individuals, then their full name and passport data are indicated in the appropriate fields. If the contract is concluded between legal entities, the document contains information about the general director and the full name of the companies.

The relevant agreement specifies the rights and obligations of the pledgee and the pledger. Also, the document contains all the information regarding the land and the location of the site. The corresponding fields indicate the amount of payments, the period for issuing a loan or mortgage, as well as the rules for the actions of both parties in case of violation of the terms of the contract.

This document is considered valid only if it is signed by two parties (both in the case of individuals and in the case of legal entities).

Sure, obtaining a loan secured by a land plot is a complex and time-consuming process... Not all banks cooperate with those clients who want to take a certain amount on the security of land real estate. And yet, having correctly drawn up an agreement on joint cooperation and collecting all the necessary documents, a person will be able to issue a pledge without intermediaries and in a short time.

According to the professor of political economy Ivan Ustyan, in the seventh stanza of Eugene Onegin, Pushkin gives an absolutely real formula for happiness. When he describes Eugene's education:

Vii
Having no high passion
Do not spare for the sounds of life,
He could not have iamba from a chorea,
No matter how we fought, to distinguish.
Scolded Homer, Theocritus;
But I read Adam Smith
And he was a deep economy,
That is, he knew how to judge
As the state gets richer
And how he lives, and why
He doesn't need gold
When a simple product has.
Father could not understand him
And he gave the land as a pledge.

I think that this same unfortunate stanza contains not only the formula of happiness, but also our entire national tragedy. Tell me, were we taught in the school curriculum about what is iambic and what is trochee? I was taught! And although I was the most universally recognized poetess in my school, this knowledge did not help me much either to write poetry or do anything else in my life. It turns out that Pushkin is of the same opinion! Did I know from the school curriculum who Homer and Theocritus were? Oh yeah! Their names have been familiar to me since childhood. But when it came to Adam Smith ... oops ... then my school education let me down! Did we need to know him? Absolutely! Adam Smith was the most famous economist of the time. And when I found out about this, I realized that something in our education system was completely wrong! Even when I entered BY3, the political economy teachers admitted that they did not understand anything about Smith's theories. It turns out the whole world knew our own Pushkin as an economist, and for some reason we think that he was just a poet! And do you know to whom we owe this? Tsar Nicholas. And to whom was I obliged that I realized this in time? Pushkin! And all because Pushkin was the true father of Russian education!

Here is some information about Pushkin's correspondence with Tsar Nicholas I about public education.

On public education (p. 357).
The note "On public education", written by Pushkin on the direct instructions of Nicholas I, and, moreover, for his personal information, had a purely official character, which predetermined all the features of its subject matter, construction and phraseology.
On September 30, 1826, the chief of the gendarmes, Adjutant General A. Kh. Benckendorff turned to Pushkin, who had just been returned from exile, with the following letter: together with immortality your name. In this confidence, His Imperial Majesty is pleased that you take up the subject of the education of youth. You are given perfect and complete freedom when and how to present your thoughts and considerations. And this subject should present to you the widest circle that by experience you have seen absolutely all the harmful consequences of the false system of education. "
The issues proposed for discussion to Pushkin, after the events of December 14, were for some time in the center of attention of the government and were already reflected in several special notes presented to Nicholas I. Such was the "Note on the shortcomings of the current education of the Russian nobility and the means to turn it completely to the benefit of the imperial military and civil service ", the author of which was the head of the Southern military settlements Count IO Vitt; the note "On public education in Russia" presented on April 20, 1826 by the trustee of the Kharkov educational district A. A. Perovsky ("Russian antiquity", 1901, No. 5, pp. 353-367); "Study of the root causes of the conspiracies and revolts against the throne and the kingdom" sent by secret adviser Arsenyev ("Collection of historical materials extracted from the archives of the Own e. I. Century office", issue XIII, St. Petersburg 1906). Bulgarin's report "Something about the Tsarskoye Selo Lyceum and its spirit" belonged to the same circle of documents (BL Modzalevsky, Pushkin under secret supervision, ed. 2, P. 1925).
Pushkin's note, probably begun in Moscow in October 1826, was completed by him, judging by the date of his autograph, in Mikhailovsky on November 15, 1826. As evidenced by the entry in A. N. Wulf's diary, dated September 16, 1827, Pushkin, speaking with him “about the shortcomings of our private and public education,” said: “I was in a difficulty when Nikolai asked my opinion on this subject. It would have been easy for me to write what I wanted, but I shouldn’t miss such an opportunity to do good ”(L. Maikov, Pushkin, St. Petersburg 1899, p. 177).
In early December 1826 Benckendorff presented the tsar with a note from Pushkin with the following accompanying explanation: “As a result of a conversation that I had, at your Majesty's order, with Pushkin, he just sent me his notes on social education, which I am enclosing. This is already a man returning to common sense "(" Old and New ", book 6, 1903, p. 5; original in French).
Pushkin's note was carefully read by Nicholas I, who streaked it with clearly unsympathetic questioning and exclamation marks. This negative assessment of most of the note was strongly smoothed, however, in a letter in which Benckendorff brought to Pushkin's attention on December 23, 1826, that “the Emperor was pleased to read your discourses on the upbringing of the people,” but “at that he deigned to notice, that the rule that you have accepted, that enlightenment and genius are solely the foundation of perfection, is a rule dangerous to general peace, which has lured you to the edge of the abyss and plunged into it a small number of young people. Morality, diligent service, diligence should be preferred to inexperienced, immoral and useless enlightenment. Well-directed upbringing should be based on these principles ”.

It turns out that Pushkin wanted to educate Russian people to be free and independent geniuses, such as himself, and the tsar wanted us to be obedient and moral first of all. What exactly did Pushkin suggest in this note?

Here is what Ivan Ustiyan says about this;
Pushkin, at the request of Nicholas I, draws up a note "On public education", in which he proposes to carry out a fundamental economic reform. He was convinced of the need to organize a mass education of the people, and then free the peasants from slavery without any ransom. But even the Decembrists believed that the peasant should buy his freedom for money.
"IQ": But, as you know, only aroused the sovereign's anger.
- Of course, he showed his revolutionary thoughts. But the reason for the discontent of the king was different. Pushkin proposed to create a large number of higher, secondary educational institutions and Lancaster schools (such a prototype of modern vocational schools was proposed by Byron) and to organize a widespread study of political economy according to the Sey and Sismondi system. And these are the students of Liberal Smith. Here we saw the danger of spreading the ideas of parliamentarism.

It turns out that Pushkin believed that in order to raise truly free and independent people, they needed to be taught economics and the theory of free market relations, but the tsar did not agree with this and believed that it was better to educate soldiers from people and teach them poetry.

Reviews

The development of mortgage lending in Russia has given rise to the creation of new programs to attract clients. One of such programs is the pledge of the right to lease a land plot.

Such opportunities have emerged due to the high level of competition among banking organizations. The pledge of the right to lease municipal land gives in the future the right to build a residential building and use the site at its discretion. If necessary, the credit limit provided by the bank can be increased. Let's tell you more about this program.

Most often, confusion arises as to why the pledge of the lease right is called a mortgage. In the classical understanding of mortgage lending, it is assumed that certain real estate (apartment, house, land plot, etc.) is transferred as collateral for the loan by the owner.

Such a pledge is a guarantee for the bank to repay its loan obligations. If for some reason the debtor is unable to repay the loan, then the bank has the right to sell the pledged object, and use the proceeds to pay the debt.

The existing norms of land legislation allow the pledge of not only land plots, but also the rights and obligations provided for under the lease agreement. The right to lease is a full-fledged object of civil legal relations. In addition to the pledged object, it can be, for example, the lessee's contribution to the authorized capital.

Civil law also allows you to pledge not only things, but also property rights, which include the right to lease. However, there is one important condition. The right to lease can be pledged only with the consent of the owner, and the term of the mortgage will not exceed the period of the lease.

In other words, the pledge of the right to lease a land plot is a mortgage agreement, which implies that property rights will become the guarantor of the return of funds to the pledgee.

When can the right to lease land be transferred as collateral?

So, within the framework of land, civil legislation, as well as Federal Law No. 102 "On Mortgage", the lease right can be a subject of pledge. This is permissible if it does not contradict the terms of the contract, the wishes of the owner and the current regulatory legal acts.

It may be necessary to pledge the lease right in the following situations:

• the need to obtain a mortgage for the purchase of housing - is often used to purchase an apartment in a building under construction, then the apartment becomes the subject of a pledge;
• the desire to build a house on a leased land plot - after the completion of construction, the erected housing is transferred to the mortgage;
• the need to obtain a large loan for any purpose in the event of a requirement to provide security.

The right to lease is not often an independent subject of pledge. As a rule, the need to conclude such an agreement arises from borrowers who pledge real estate erected on a leased territory. In this case, registration of a mortgage on a house is prohibited separately from the land plot on which it is built.

Features of the transfer of the lease right as a pledge

Responsibility under the lease, despite the transfer of rights as collateral, will continue to be borne by the original tenant. Rights and obligations cannot be transferred to the mortgagee or any other person.

The general rules of the law on mortgage lending apply to the pledged object. If the borrower for any reason ceases to fulfill the loan obligations taken, the bank has the right to impose a penalty on the collateral object and sell it. In the case of a lease, the sale will take place under an assignment agreement.

The owner of the leased land can be an organization, individual, state or municipality. However, the provisions of the Federal Law No. 102 "On Mortgages" prohibit the pledge of the rights to lease land owned by state bodies or the municipality. An exception is if the site is intended for housing construction or integrated development.

If the allotment, for example, was allocated for exploitation for commercial purposes, it cannot act as a subject of pledge. Mortgages will be prohibited even if the site acts as collateral on its own without real estate located on it. It is also impossible to pledge land that has been withdrawn from circulation or restricted in circulation.

Transfer to a mortgage is possible only on condition that all buildings on the site are legal and designed in accordance with the requirements of Russian regulatory and legal norms. Otherwise, the bank will refuse to issue a loan with such collateral.

Registration of a mortgage for property rights is not a basis for canceling a lease agreement and does not require a new agreement between the parties. Everything remains the same. The only thing is that you will need to additionally draw up the owner's consent in writing to transfer property rights as collateral.

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If we talk about the share rent right, then in practice the situation is ambiguous. Most often, difficulties arise regarding the procedure for using their share by each of the tenants. Judicial practice has in its arsenal many cases when transactions for the transfer of a part of a land plot to a mortgage became invalid.

Advantages and disadvantages of a mortgage lease

Like any legally significant action, the pledge of lease rights to a land plot has its pros and cons.

The benefits include:

1. The mortgage loan becomes available to borrowers who do not have any other liquid collateral in their property.
2. No need to look for additional funds to buy a plot of land.
3. In the future, it is possible to buy out the leased land under real estate ownership.
4. Judicial practice has developed in favor of the borrower.
5. Banks do not discourage such transactions.

However, there are also downsides. These include:

1. Such loans are issued for a short term, limited by the duration of the lease agreement. If it is valid for three years, then it is during this period that it is necessary to pay off the debt. With a classic mortgage, the loan term can be up to 25-30 years.
2. The loan amount is not large. It is capped at approximately 70% of the total rent.
3. Borrowers often have to incur additional costs. For example, an appraiser may need to visit the site to analyze the liquidity of the allotment.
4. Not all banks have programs. This means that the borrower is very limited in the choice of the product and the lending institution. Banks prefer more liquid objects as collateral.
5. High risk for the bank and, as a result, increased interest on the loan.
6. The need to obtain consent from the owner of the land.
7. The lease may include an outright prohibition on the transfer of rights as collateral.

Let us consider in more detail the process of obtaining loans of this type.

Obtaining the consent of the owner

If the owner of the land plot is an individual or an organization, then obtaining written consent is mandatory. When the owner is a municipality or state, consent is not required. In this case, it is sufficient to send a notification. This rule applies if the lease term exceeds five years.

Bond notice will be sent by mail. For this, a certified letter with a list of attachments and a return receipt is used.

Please note that if the term of the lease relationship under the agreement is less than five years, then it is necessary to obtain consent, including from municipal or state authorities.

In some cases, the owner may refuse permission to register a mortgage with such collateral. For example, if the tenant has shown himself to be dishonest and has rent arrears or there are illegal buildings on the site.

The lease agreement may provide for a different procedure for obtaining consent from the owner. If this clause is spelled out, then you should act in accordance with the provisions of the agreement.

Conclusion of an agreement with a bank

Before signing the agreement, the bank will carry out a preliminary assessment of the liquidity of the lease rights to the land plot. In addition, the solvency of the potential borrower will be assessed.

If both parties are satisfied with the conditions for providing and securing a loan, then a mortgage agreement is concluded. It has a simple written form, that is, it does not require notarization. The bank will request the provision of a lease agreement, the consent of the owner and confirmation of the fact of using the site for its intended purpose.

The mortgage agreement is subject to the obligatory passage of the state registration procedure in Rosreestr. If you ignore this requirement, the contract will be considered invalid and null and void.

Banks usually offer their own form of agreement. It contains the rights and obligations of the parties, their details, a detailed description of the subject of pledge and other important nuances. Before signing the document, we recommend that you consult with a specialist.

If you have any difficulties, seek legal advice. You can get free legal aid on our website. Ask an expert in a special window.

In other words, the pledge of the right to lease a land plot of municipal property is a type of mortgage. Property powers in this case become security for the loan received.