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Car pledge agreement as security for a loan agreement

Vehicle pledge agreement

passport ……….
No………………… issued by…….……………….…………. ……………. …… "……" ……………….. 20…. city, department code …………………………. ……………. ... (name of the authority that issued the passport)

registered at:

hereinafter referred to as the “Pledger”, and

registered at:

hereinafter referred to as the “Pledgeholder”, collectively referred to as the “Parties”, and individually as the “Parties”, have entered into this pledge agreement (hereinafter referred to as the “Agreement”) as follows:

1. The Subject of the Agreement

1.1. The subject of the “Agreement” is the transfer by the “Pledgor” as collateral to the “Pledgee” of the Car .

1.2. Characteristics of the Car specified in clause 1.1 of the “Agreement”:
name (type of vehicle): …………………………………………………..

1.3. The Pledgor's ownership of the Car is confirmed

1.4. The “Pledgor” guarantees that on the date of conclusion of the Agreement, the Car belongs to the “Pledgor” by right of ownership, is not in dispute or under arrest, is not the subject of a pledge , and is not encumbered with the rights of third parties.

1.5. The price of the Car is determined by the parties to the agreement in the amount

2. Duration of the contract

2.1.
The “Agreement” comes into force on …………………………….………. and is valid until full (date or event)

fulfillment of obligations or termination …………………………..………………………..
(No.... loan agreement, etc.)

3. Procedure for handing over the Car

3.1. The “Car” is transferred to the “Pledgee”. Delivery of the “Car” is carried out by the forces and means of the “Pledger”.

3.2. The car specified in clause 1.2. pledge agreement , is transferred to the “Pledgee” for the entire validity period of this agreement and is stored at the address:

3.3. The transfer of the “Car” to the “Pledgee” is formalized by a bilateral act of acceptance and transfer of the “Car”.

4. Rights and obligations of the parties

4.1. The “Pledger” undertakes:

4.1.1. Do not use the "Car".

4.1.2. The “Pledgor” guarantees that at the time of concluding this “Agreement” the “Car” does not serve as collateral for any other obligation preceding this “Agreement”, and is also free from the rights of third parties.

4.1.3. Pay taxes, fees and other payments that are due from him, as from the owner (owner) of the “Car”.

4.2. The “Pledgeholder” undertakes:

4.2.1. Do not use the "Car".

4.2.2. Take measures necessary to ensure the safety of the “Car”, including to protect it from attacks and claims from third parties. 4.2.3. Immediately notify the other “Party” of the threat of loss or damage to the “Car”.

4.2.4. Immediately return the “Car” after the “Pledgor” fulfills the obligation secured by the “Agreement”.

4.3. The “mortgagor” has the right:

4.3.1. Require the “Pledgeholder” to take measures necessary for the safety of the “Car”.

4.3.2. Check the documents and actually the presence, quantity, condition and storage conditions of the “Car” located with the “Pledgee”.

4.3.3. Set off the claim to the “Pledgeholder” for compensation for losses caused by the loss or damage of the “Car” to repay the obligation secured by the “Agreement”.

4.3.4. If the “Pledgeholder” improperly stores or uses the “Car”, at any time demand termination of the “Agreement”, or early fulfill the obligation secured by the “Agreement”.

4.3.5. With the prior written consent of the Pledgee, transfer the rights to the Car to a third party with the transfer of the principal debt secured by the Agreement to the new mortgagor.

4.3.6. Exercise your other rights provided for by this Agreement and the legislation of the Russian Federation, incl. protect your rights in the manner prescribed by law.

4.4. The “Pledgeholder” has the right:

4.4.1. Receive the missing amount from the other property of the “Pledger”, in the event that the proceeds from the sale of the “Car” are not enough to cover the claim of the “Pledgeholder”.

4.4.2. Receive compensation from the insurance compensation for loss or damage to the “Car”, unless the loss or damage to the “Car” occurred for reasons for which the “Pledgeholder” is responsible.

4.4.3. Transfer your rights under the “Agreement” to another person by assigning the right of claim. The assignment by the “Pledgee” of its rights under the “Agreement” to another person is valid if the rights of claim against the “Pledgor” under the main obligation secured by the “Agreement” are assigned to the same person.

4.4.4. In the event of a real threat of loss, shortage or damage to the “Car” not through the fault of the “Pledgee”, demand a replacement of the “Car”, and if the “Pledgor” refuses to comply with this requirement, foreclose on the “Car” before the deadline for the performance secured by the “Agreement” obligations.

4.4.5. The right of the Pledgee extends to the accessories of the Car.

5. Conditions for foreclosure on the collateral

5.1. The foreclosure of the “Car” occurs in accordance with the legislation of the Russian Federation and the “Agreement”.

5.2. Foreclosure on the “Car” to satisfy the demands of the “Pledgeholder” may be filed in the event of failure to fulfill or improper fulfillment by the “Pledgor” of the obligation secured by the “Agreement” under circumstances for which he is responsible.

5.3. Foreclosure is not allowed if:

— the amount of the unfulfilled obligation is less than ……… percent of the value of the “Car” under the “Agreement”;

— the period of delay in fulfilling the obligation secured by the “Agreement” is less than …………………. month.

5.4. When foreclosure is made on the “Car” out of court, the “Car” is transferred into the ownership of the “Pledgee” or sold in the manner established by the current legislation of the Russian Federation.

5.5. If the amount received from the sale of the “Car” exceeds the amount of the “Pledgeholder’s” claim secured by the “Agreement”, the difference is returned to the “Pledgor” no later than …………………. days from the date of sale.

6. Responsibility of the parties

6.1. The “Parties” are responsible for failure to fulfill or improper fulfillment of their obligations under the “Agreement” and in accordance with the legislation of the Russian Federation.

6.2. The penalty under the “Agreement” is paid only on the basis of a justified written request of the “Parties”.

7. Grounds and procedure for termination of the contract

7.1. The “Agreement” may be terminated by agreement of the “Parties”.

7.2. The “Agreement” may be terminated unilaterally at the written request of one of the “Parties” on the grounds provided for by the current legislation of the Russian Federation within …………………. calendar days from the date of receipt by the “Party” of such a requirement.

7.3. The “Agreement” may be terminated in the following cases:

— termination of the obligation secured by the “Agreement”;

- in case of gross violation by the “Pledgee” of the obligations specified in paragraphs. 4.2.1, 4.2.2, 4.2.3 “Agreements”;

— sale of the “Car” in order to satisfy the requirements of the “Pledgee” in the manner established by the current legislation of the Russian Federation and the “Agreement”, or in the event that its sale turned out to be impossible;

- when transferring the rights to the “Car” to the “Pledgee”.

7.4. The “Pledgeholder” has the right to demand early fulfillment of the obligation secured by the “Agreement” in the event of:

— The “Car” is confiscated from the “Pledgor” in the form of a sanction, in the manner established by the current legislation of the Russian Federation;

- the owner of the “Car” is actually another person.

8. Resolution of disputes arising from the contract

8.1. The claim procedure for pre-trial settlement of disputes from the “Agreement” is mandatory for the “Parties”.

8.2. Claim letters are sent by the “Parties” by registered mail with acknowledgment of delivery to the addressee.

8.4. The period for consideration of a letter of claim is …………….……. calendar days from the date of receipt.

8.5. In everything else not provided for in this Agreement, the current legislation of the Russian Federation applies.

9. Force majeure

9.1. The “Parties” are released from liability for complete or partial failure to fulfill obligations under the “Agreement” in the event that the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of government authorities or other actions independent of “ Parties" circumstances.

9.2. The “Party” for which it has become impossible to fulfill its obligations immediately notifies the other “Party” of the occurrence of force majeure circumstances and provides supporting documents.

9.3. The “Parties” acknowledge that the insolvency of the “Parties” is not a force majeure circumstance.

The “Agreement” is drawn up in 2 (two) original copies in Russian, one for each of the “Parties”.

10. Addresses and details of the parties

Pledgor: Pledgee:
……………………………………………………….… ………….……………………………
(full name) (full name) acting in full)
…………………………………….… ………….……………………………………
(signature) (signature)
“……” …………………. 20….. g “……” …………………. 20….. g.

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How to correctly draw up a vehicle pledge agreement to secure a loan, procedure, sample, rights and obligations of the parties!

Life circumstances are different, sometimes a person urgently needs money. If it is not possible to borrow a certain amount of money from friends, or to take out a loan without collateral, then the citizen turns to loans with collateral. As a rule, certain property is transferred as security, most often a car or real estate. In this case, the lender and the client enter into a car pledge agreement, on the basis of which funds are provided.

What is a contract

A secured loan transaction is accompanied by the conclusion of a specific paper agreement. The text contains the following basic information:

  1. Information about the participants in the transaction.
  2. The amount of funds received by the borrower.
  3. What acts as the subject of collateral.
  4. Conditions for granting credit.
  5. Whether the car remains with the client (without transfer to the pawnbroker) or not.
  6. The period for which the contract is concluded.
  7. Obligations assumed by the borrower.
  8. Refund procedure.
  9. Date of conclusion of the agreement between the parties.
  10. Necessary information about the vehicle.
  11. Data regarding the consequences of breach of contract.
  12. Procedure for terminating the agreement.
  13. Circumstances under which the contract is terminated.

A loan agreement with the issuance of cash to the client secured by PTS is a legal document that confirms the fact of the transaction.

Required documents

In order for the transfer of loan funds to take place, as well as the imposition of an encumbrance on the car, when drawing up an agreement, information from the following documents is taken into account:

  • passport of a citizen of the Russian Federation (borrower);
  • passport of the creditor, if it is an individual;
  • data from the constituent documents, if the creditor is a legal entity;
  • information from the license to carry out financial activities;
  • data from vehicle registration documents (PTS, STS);
  • information from title documents for cars;
  • application for a loan secured by a car.

Additionally, the text of the agreement may contain information from other documentation (driver’s license, INN, SNILS, international passport, compulsory motor liability insurance or CASCO insurance policy).

Conclusion procedure

A loan secured by a loan agreement is issued in a certain order. Let's take a closer look at the stages of completing a transaction:

  • You must first submit an application for a loan;
  • then the lender makes a decision on granting a loan or refusing it;
  • the conditions for issuing the loan are specified;
  • a loan agreement is drawn up electronically;
  • all necessary document data is entered;
  • the form is printed in triplicate;
  • the client gets acquainted with the text of the document;
  • if everything is filled out correctly, then a signature is placed;
  • subsequently, the creditor's representative signs and seals.

At the end, one copy is given to the borrower along with cash and additional papers.

Is notarization required?

When lending to an individual by a commercial organization, notarization is not required, since the transaction is confirmed by the presence of the organization’s seals. If an individual acts as a creditor, then the transaction should be registered with a notary. Let's look at the main points that can be avoided when registering a loan with a car as collateral at a notary office:

  • state registration of the transaction is carried out;
  • the document is checked for compliance with the provisions of the regulatory framework;
  • these actions serve as confirmation of the fairness of the transaction;
  • if litigation is necessary, no additional steps will be required.

In general, notarization of an agreement is not mandatory, but the presence of this process significantly reduces the risks of both the borrower and the lender.

Sample contract

When applying for a loan secured by a car, the text of the agreement specifies certain data in the prescribed manner:

  • information about the document;
  • information about the parties to the transaction;
  • information about the subject of the contract;
  • necessary information about the subject of pledge;
  • terms of lending to an individual;
  • rights and obligations of the parties to the agreement;
  • debt repayment procedure;
  • liability for violation of the terms of the agreement;
  • the procedure for calculating commissions and fines;
  • credit account number and payment procedure;
  • circumstances for termination of the agreement;
  • force majeure;
  • date of the agreement.

On all sheets of the car pledge agreement, there is also space for signatures and seals of the parties. In the case of an agreement between individuals, at the bottom of the document there is a separate field for the signature and seal of a notary.

Rights and obligations of the parties

The clause on rights and obligations in the car pledge agreement deserves special attention. This contains the following information:

  1. The client undertakes to pay the debt on time.
  2. The borrower must notify the lender of certain circumstances.
  3. The citizen must be held accountable for violating the conditions.
  4. You have the right to repay the debt early.
  5. The right to use a vehicle.
  6. The lender undertakes to notify the client about certain points.
  7. The lender must provide a sum of money for a specific period.
  8. The financial institution has the right to turn to a third party for collection.
  9. The bank has the right to terminate the agreement unilaterally.

Additionally, information is provided on the interaction of the creditor with third parties and the preparation of the case for subsequent submission to the court for forced collection of debt.

Video: collateral agreement

Car pledge agreement as security for a loan agreement

In modern life, everyone may face the problem of lack of financial means to live. However, at the same time, the citizen has certain property in use, which can act as collateral when taking out a loan. In this text we will look at how to correctly fill out a car pledge agreement as security for a loan.

Lending offers are plentiful on every corner, but often a person’s financial situation, as well as late payments on loan products, do not allow them to get a loan from a bank or other financial institution, and money is needed urgently. In this case, you can use your property as collateral by taking out a cash loan from private lenders. As a rule, this requires drawing up and concluding an appropriate agreement. Let us consider in more detail the procedure for drawing up and executing such a document.

Important! In this case, we are considering the collateral of the car, and not the technical passport of the vehicle. In other words, after concluding and signing the agreement, your property “Car” remains with the lender until the loan debt is fully repaid.

Pledge of certain property

A car pledge agreement between individuals is a document transferring a vehicle as temporary collateral for a loan. In other words, the borrower turns to a wealthy citizen to provide a loan, and in return receives a requirement to receive property as collateral and insurance for the funds provided. The following vehicles can serve as collateral:

  • domestic passenger cars;
  • foreign-made category B cars;
  • cargo vehicles.

It is worth noting that any vehicle acting as collateral is insured and registered with the State Traffic Safety Inspectorate without fail, so that challenging the vehicle collateral agreement does not lead to controversial situations. All these points must be provided for by the lender.

Money for a car

After the parties come to a mutually beneficial agreement and agree on the cost of the loan, as well as the period for its repayment, you can begin the procedure for drawing up the document. As a rule, it is associated with drawing up an agreement and specifying in its text all the details and points regarding the disposal of the vehicle in the event of non-payment of the next monthly payment or failure to return the previously agreed amount on time.

Such a transaction between individuals can be formalized using two available methods:

  1. Two separate agreements are drawn up, namely a loan contract and a vehicle pledge agreement;
  2. A general loan agreement secured as a car is drawn up and signed by both parties.
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As a rule, the second option is considered the most popular, since for the first case it is necessary to additionally resort to the services of an appraiser who can calculate the exact total cost of the vehicle.

Loan funds secured by a car

General procedure for drawing up and conclusion

The settlement of issues of both parties to the transaction is carried out on the basis of the current Civil Code of the Russian Federation, namely Article No. 807. An agreement to pledge a car as security for a credit loan agreement can be concluded both in writing and orally, but only written copies of the document have legal force .

How to properly draw up a car pledge agreement? This question is often faced by borrowers who find themselves in a hopeless situation, where receiving funds through the transfer of a vehicle is the only way out of a difficult financial situation. The document is drawn up taking into account the following rules:

  • positions are filled in in a free random order;
  • an oral conclusion is possible only if the loan amount does not exceed the minimum wage in a particular region;
  • It is recommended that written copies of the agreement be certified by a notary in order to secure the transaction and guarantee safety.

It is worth noting that the contract clearly states the responsibilities of both parties participating in the transaction. Not only the borrower has responsibility here, but also the lender.

Let's consider the main provisions that must be present in the text of the document:

  1. Parties who take part in the transaction;
  2. The amount provided as security for the vehicle;
  3. A complete detailed description of the object that has become collateral;
  4. Monthly or annual interest rate on the loan;
  5. Opportunities for extending the current contract;
  6. Making some changes to the subject of the agreement between the parties;
  7. Possibility of early repayment of the loan and unilateral termination of the document;
  8. Consequences of late payment or other violations by the parties to the transaction.

As a rule, any collateral agreement contains these provisions, regardless of what property serves as collateral for the loan.

Established rights and obligations of each party

If a vehicle is used as collateral, then, as a rule, the rights and obligations of the parties have the following provisions:

  • the borrower undertakes to monitor the safety of the car until the very last day of expiration of the loan agreement;
  • compulsory car insurance against accidents and other unforeseen circumstances is assigned to both parties to the transaction in equal amounts;
  • if there is a mutual desire, the parties to the transaction can terminate the current contract early;
  • the lender independently undertakes to bear all costs associated with the appraised value of the vehicle.

Calculation of collateral

Important! Only the owner of the vehicle has the right to conclude an agreement regarding the pledge of a car for the provision of funds.

Required list of documentation

When applying for a loan secured by a vehicle, you must have the following documents:

  1. Passports of both parties to the transaction;
  2. A certificate that confirms ownership of the car;
  3. Technical passport for the vehicle;
  4. A document confirming the completion of a technical inspection;
  5. Insurance policy for a vehicle;
  6. Certificate of official income of the borrower.

The last three documents are provided only if they are required by the lender. Only if these documents are available can the transaction be formalized legally, after which it will have legal force.

An example sample of a loan agreement secured by a vehicle

As a rule, documents on collateral, where a vehicle serves as it, contain the following information in their text:

  • name of the document, date of completion, and serial number;
  • passport details of both parties to the transaction;
  • subject of agreement between the parties to the agreement;
  • loan amount and period;
  • method of providing a cash loan;
  • documents confirming the receipt of funds and collateral;
  • detailed description of the vehicle according to the title;
  • terms of the transaction, as well as the interest rate on the loan;
  • obligations and rights of the parties to the transaction;
  • the amount of penalties accrued for untimely fulfillment of obligations under the contract;
  • the possibility and procedure for prolonging the document;
  • method of unilateral termination of the contract;
  • list of documents attached to the vehicle;
  • list of additional equipment mounted on the vehicle.

The drawing up of the contract is completed with signatures and decoding of both parties to the contract.

Text of the car collateral agreement

It is worth noting that additional clauses can be included in the vehicle pledge agreement, if necessary, by each of the parties to the transaction, which allows expanding the possibilities when challenging the current document.

Receipt for receiving money secured by car

Along with this, you should also not forget that the parties to the transaction must stipulate the procedure for returning funds. In this case, several methods should be available to the borrower to transfer funds towards the loan payment. Typically, payment is made during a personal visit, via electronic transfer, or by transfer from one bank account to another.

In any case, the borrower must keep all receipts until the loan is repaid in full. Otherwise, it will be impossible to challenge the subject of the contract through the courts. Therefore, before applying for a loan secured by property, it is recommended to study in more detail the current legislation regarding this point.

What is important to check in the collateral agreement

When drawing up a vehicle pledge agreement, it is recommended that you familiarize yourself with the following points:

  • possibility of using a vehicle;
  • prohibition on using a car for personal use;
  • the presence in the text of the document of information regarding the parking lot where the car will be located;
  • conditions for early redemption of a car;
  • accrual of fines upon expiration of the collateral agreement;
  • procedure for selling a car in case of a long delay.

Generally, a car lien agreement differs from a title lien in that the owner cannot use their vehicle after receiving cash.

Related documents

To complete the transaction, the following accompanying documents will be required to secure the car and for its owner to receive cash:

  1. Vehicle pledge agreement;
  2. Vehicle technical passport;
  3. Power of attorney and deed of transfer of the vehicle;
  4. Written consent of the car owner;
  5. Receipt for receipt of cash for car deposit.

As a rule, any transaction to pledge a vehicle is accompanied by the presence of this documentation.

Debt repayment guarantee - car pledge agreement

Sometimes situations arise when you urgently need to receive funds, but for some reason a bank loan is not profitable. In this case, you can enter into a loan agreement secured by the vehicle. You will learn how to do this correctly from our article.

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, just call, it’s fast and free!

Concept and legal regulation

When concluding a loan agreement, a vehicle can act as a guarantee for payment of funds. In this case, a car pledge agreement is concluded between the parties to the transaction, which is not an independent document, but acts as a continuation of the loan agreement.

The concept, grounds for the emergence of a pledge, the content and use of pledged property, as well as the procedure for foreclosure on it are discussed in paragraph 3 of Chapter 23, Part 1 of the Civil Code of the Russian Federation.

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Types of agreement

There are 2 types of vehicle pledge agreement:

  1. With the transfer of the pledged property to the pledgee. In this case, the clause on the transfer of the car to the lender must be expressly stated in the document itself securing the loan transaction.
  2. Leaving the vehicle with the pledgor. In accordance with Articles 338, 343, 346 of the Civil Code of the Russian Federation, if the law or the agreement does not stipulate that the subject of pledge (vehicle) passes to the pledgee (creditor), then it remains with the pledgor (vehicle owner), who has the right to use it, receiving income from its use. However, the owner cannot alienate the vehicle without the consent of the creditor.

Article 338 of the Civil Code of the Russian Federation. Possession of the collateral

  1. The pledged property remains with the pledgor, unless otherwise provided by this Code, another law or agreement.
  2. The pledged item may be left with the pledgor under lock and key and sealed by the pledgee.

The subject of the pledge may be left with the pledgor with the imposition of signs indicating the pledge (hard pledge).

  • The collateral transferred by the pledgor for a period of time into the possession or use of a third party is considered to be left with the pledgor.
  • Why is such a document needed?

    An agreement to pledge a vehicle is not an independent type of transaction. It is concluded after the lender and the borrower (the owner of the car) have drawn up a document on the provision of a loan of funds. In this case, the car acts as a guarantor of the fulfillment of financial obligations on the part of the borrower. In case of failure to fulfill or improper fulfillment of the obligation to return the funds, the creditor has the right to return them through the sale of the collateral.

    The law does not provide for the obligation to transfer a vehicle to secure the fulfillment of an obligation when receiving a loan. However, in this case, the borrower cannot count on a larger amount of loan funds, as well as a lower interest rate under the loan agreement.

    The execution of an agreement on the pledge of a vehicle does not entail the transfer of ownership of it to the pledgee (Article 346 of the Civil Code of the Russian Federation).

    Who can conclude?

    The parties to the agreement on the use of a vehicle as collateral for a loan are:

    1. pledgee (creditor), that is, the person who provided the funds;
    2. the mortgagor (borrower) who is the owner of the vehicle.

    The following may act as a mortgagee:

    • citizens, that is, individuals, regardless of whether they have the status of an individual entrepreneur;
    • legal entities of any form of ownership.

    Article 339 of the Civil Code of the Russian Federation states that in the absence of an agreement between the parties or a legal requirement for a notarial form of the transaction, the pledge agreement is concluded in simple written form.

    Notarization may be required if the transaction is concluded between two legal entities, and the vehicle was contributed as a share or part thereof in the authorized capital of the legal entity.

    Compilation rules

    The form of the pledge agreement is not established by law, that is, it is drawn up in writing in any form. The document must contain the following information.

    Parties, subject matter and deadline

    • The document indicates the full name, passport details of the parties, information about the place of their registration, etc.
    • The subject of the agreement must be indicated, i.e., information about the vehicle being transferred as security for the loan must be specified, including its registration data, technical characteristics, information about additional equipment installed on the vehicle, data on the evaluation of the vehicle, etc.

    The term of the agreement cannot exceed the term of the main loan document.

    Procedure for transferring a vehicle

    When concluding an agreement to secure an obligation with the transfer of pledged property to the creditor, the contract must indicate the method of transfer (usually the vehicle is delivered to the pledgee by the owner). The transfer of the car itself is formalized by an act of acceptance and transfer of property.

    Rights and obligations

    The collateral may remain in the use of the borrower, or may be transferred for storage to the lender. The party that actually has the car:

    • is obliged to insure the property;
    • must take measures to ensure its safety;
    • is obliged to notify the other party about the threat of loss or damage to the car;
    • has the right to use and dispose of the car (except for the right to alienate it without the consent of the mortgagee);
    • does not have the right to take actions that could worsen the condition of the vehicle;
    • has the right to document and actually check the condition of the vehicle.

    Conditions for foreclosure

    If the mortgagor does not fulfill or improperly fulfills his obligations to repay the loan amount, the creditor has the right to foreclose on the vehicle that is the collateral. The document must contain information about the method of foreclosure, which can be:

    • judicial;
    • extrajudicial (by putting it up for public auction or selling to a third party).

    In addition, it must be indicated that if the amount of the unfulfilled obligation is less than a certain percentage of the value of the collateral established by the parties, or if the delay is less than a certain number of days/months, the vehicle cannot be foreclosed on.

    Responsibility

    The agreement must indicate that the parties are responsible for improper performance of their obligations under the concluded agreement in accordance with its terms, as well as the legislation of the Russian Federation.

    Grounds for termination

    In addition to the expiration of the term, the loan security document can be terminated in the event of early fulfillment of the obligation by the borrower, in the event of loss of the vehicle, by agreement of the parties.

    Dispute Resolution

    The agreement should specify the pre-trial, i.e., claim procedure for resolving disputes, including the address and method of filing a claim, and the period for its consideration.

    The grounds for releasing the parties from liability for non-fulfillment or improper fulfillment of the terms of the agreement that arose due to force majeure (force majeure, flood, earthquake, etc.) are indicated.

    Addresses and details

    The contract must indicate the legal and actual addresses, current accounts if available, full names, as well as the date and signature of the parties. The collateral agreement must contain a reference to the document on the loan of funds , as security for which it is drawn up.

    Nuances when concluding between individuals

    The parties to the agreement may be individuals. The document between them is drawn up in simple written form and does not necessarily require notarization.

    Loan collateral applications

    The following documents (copies thereof) are used as appendices to the agreement on the transfer of a vehicle as security for a loan:

    • passports of the parties;
    • Vehicle title;
    • vehicle registration certificate;
    • car diagnostic card.

    In addition, since the pledge document is derived from the loan agreement, it is supplemented with the following annexes:

    • loan agreement;
    • debt repayment schedule;
    • vehicle assessment act;
    • act of acceptance and transfer of the car (if the car is transferred for storage to the creditor).

    Duration and place of storage

    The term of the collateral agreement is equal to the term of the main loan document. However, in a number of cases, early termination of the parties’ relationship is possible:

    • when the borrower repays the debt amount early;
    • in case of loss or destruction of the car;
    • when selling the vehicle in the manner specified in the agreement (in court or out of court);
    • upon termination of the contract by agreement of the parties.

    A vehicle pledge agreement is a continuation of the document on the provision of a loan of funds, which can be concluded both between individuals and between legal entities, and ensures its execution. Knowing about the peculiarities of registration of collateral legal relations, you can independently solve the financial difficulties that arise.

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