Sample Register Book for Future-Formed Land-Attached Property Mortgage Registration, Updated Version
What is the latest form of the Register of Mortgage of Assets Attached to Land to be Formed in the Future?
The form of the Register of Mortgage of Assets Attached to Land to be Formed in the Future is Form No. 09/SDKTL issued together with Circular 07/2019/TT-BTP. Below is an image of the Form of Register of Mortgage of Assets Attached to Land to be Formed in the Future:
Download the latest form of the Register of Mortgage of Assets Attached to Land to be Formed in the Future: Here.
What is the latest form of the Register of Mortgage of Assets Attached to Land to be Formed in the Future and how to fill it out? (Image from the Internet)
Guidelines for Filling the Register of Mortgage of Assets Attached to Land to be Formed in the Future
Based on Form No. 09/SDKTL issued together with Circular 07/2019/TT-BTP, the guidelines for filling the Register of Mortgage of Assets Attached to Land to be Formed in the Future are as follows:
- The information written in the Register of Mortgage for assets attached to land to be formed in the future must be consistent with the information recorded on the Registration Request Form.
- The column for serial numbers in the register.
- Columns 2 and 3 record the effective time of the mortgage registration for assets attached to land to be formed in the future, as confirmed by the Head of the Registration Office.
- Column 4 records the file code corresponding to each Registration Request Form for each initial registration, registration request for change in the registered mortgage content, registration request for correction of registration information errors, request for deregistration, registration of a notification document about the handling of the mortgaged assets, and registration request for transitioning the mortgage registration.
- Column 5 records the file code of the initial registration for a mortgage contract related to each registration file mentioned in point 4. For initial mortgage registration, the code recorded in columns 4 and 5 will match. The mortgage file code is taken according to the initial registration file code.
- Column 6 records the type of mortgaged asset.
- Column 7 records the location and address of the mortgaged asset.
- Columns 8 and 9 record the names of the mortgagor and the mortgagee.
- Column 10 is for the registration officer to sign after filling in all the information in the Register of Mortgage of Assets Attached to Land to be Formed in the Future.
What does the Form of Assets Attached to Land to be Formed in the Future Include?
Pursuant to Clause 2, Article 3 of Circular 07/2019/TT-BTP, the assets attached to land to be formed in the future include:
- Housing, construction works under construction, not yet accepted and put into use, including: Housing, construction works in housing development projects, separate houses according to the provisions of the Housing Law; other construction works as prescribed by law on investment, real estate business, and related laws.
- Production forests which are planted forests, perennial crops that have not yet been formed or have been formed but mortgagors establish ownership after the time of establishing the mortgage contract.
How to Record the Mortgage Registration Content in Case the Asset Attached to Land to be Formed in the Future has been Formed and Ownership is Certified?
According to Article 17 of Circular 07/2019/TT-BTP, the regulation on recording mortgage registration content in case the asset attached to land to be formed in the future has been formed and ownership is certified is as follows:
- In the case of a change in mortgage content registration due to the asset attached to land being formed and the mortgagor requests certification of the asset ownership in the Certificate, the Land Registration Office shall record in the cadastral register, the Certificate of information identifying the specific asset attached to the land that has been formed and certified ownership, continuing to be used to secure obligations for the mortgagee.
- In the case of the investor executing the procedure for issuing Certificates to buyers or buyers executing the procedure for issuing Certificates while the asset is mortgaged as an asset to be formed in the future and the mortgagor and mortgagee have not deregistered after the Certificate is issued, the Land Registration Office shall record in the cadastral register, the Certificate of information identifying the specific asset attached to land that has been formed, continuing to be used to secure obligations for the mortgagee.
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