Started with the word “mortgage” We have only recently have: a relatively new concept for the Russian practice. If the mortgage is increasingly housing commercial real estate mortgage – has only sporadic cases. Mortgage commercial real estate or commercial mortgages (mortgage business), is spread all over the world. Western experience shows that with sound operation of commercial real estate – rental of premises for offices, shops, business services – the yield is comparable to any other area of small businesses and allows the use of mortgage loans. To give the nature and conditions of commercial mortgagesMortgage loans granted for the purchase of residential premises: warehouse, office, etc. The importance of the mortgage for the purchase of commercial properties under the same promise. In contrast, housing loans, commercial mortgages are short term loans, but rather the high interest rates. In general, the annual rates of commercial real estate mortgage loans ranging from 12 to 16%, especially in the currency. The term of the mortgage property – a maximum of 10-12 years and the most common term – 5 years. Borrowers must have a unique contribution of 25-40% of the value of real estate. The customer must be profitable and a minimum balance of the year on the market. The legal nuances Commercial Mortgage loanThe governing commercial mortgage is similar to non-residential mortgage housing: The same procedure for assessing the borrower and the institution, the demand for the first deposit. But there is a fundamental difference – the law does not allow companies to provide a mortgage on the property until the completion of the sale. The object must acquire only once and then you can back up to get the money. An important legal aspect of the commercial mortgage – the registration of ownership of non-residential, while mortgage does not provide for federal burden. The contract for the commercial real estate mortgage, the general rules of the Civil Code of the Russian Federation on the conclusion of contracts and the Federal Law “On Mortgage (mortgage). Paragraph 1 of Article 9 of the federal law in the contract of mortgage must be given to his assessment of the substance, size and maturity of the obligation secured by a mortgage mortgage. Who will benefit from the commercial mortgage? participants in the commercial mortgage market agree that the development of the mortgage business is forced mainly due to gaps in the law. But it is not clear, and someone who will be the borrower, is what its quality. Dependable stable companies can take to earn an ordinary commercial real estate loans for a deposit of property, they do not particularly a mortgage. And if the no securities companies or banks do not consider it possible, to their credit, based upon the analysis of such a society – why should a mortgage borrowers need? It is for this reason that Russia is still largely commercial real estate mortgage not for large firms. For Small businesses do not have sufficient collateral. Address the special risks of small companies overlap problem opaque marketplace for commercial real estate. SchemeSo Commercial Mortgage, the current legislation regarding the mortgage business is not perfect. It defines and possible arrangements for the mortgage lending business. Under the Law “On mortgage” for commercial real estate, as the living antithesis is an entirely different mechanism of accreditation and registration of securities. Therefore, the market has developed a number of ways to carry out this type of transaction, so that under current law. Scheme IThe closing of the acquisition. The seller receives a portion of their money from the buyer, as well as the guarantee of a bank. Then the registration of ownership of the new customers. In addition, the registration of a collateral agreement to pay, through the issuance of credit and followed by final settlement. This rule of experts as the complex and lengthy. INCORRECTLY ASSESSED Scheme buyers for pre-contract owner (the seller receives) from its own resources, and the seller from the obligation of the bank to pay the missing funds in case of registration of the mortgage. by registration of the security for a bank and registration of all documents for the transfer of ownership of the new owner, which means that the buyer (the conclusion) of a contract under which the seller receives the full amount, but registration is under his run. IIIRealtors Scheme newest system, called “Ransom unit. “A company that buy) out of real estate object (entity. Then, the borrower, the Company’s shares against payment of the loan. It organizes the company for the property. Leases – an alternative to commercial mortgagesAccording experts, a good alternative business imperfect , until the mortgage is a commercial real estate leasing. In this case, the leasing organization – is an analogue of a cooperative – gives credit for the purchase of land and the owner of the facility will not be repaid until the loan. One of the advantages of leasing is that its rules explicitly mentioned in the legislation. On the other hand, may in case of insolvency leasing company all his property for the debts of third parties such as banks vary. In any case, the risk to be avoided. banking Experts advise entrepreneurs themselves influence the conditions of lending. According to most experts, the most urgent problems impeding the development of commercial mortgages, the low culture of the financing of small businesses. mortgage becomes a reality, if the small business “Light.” The lower the Tax small business culture, the worse the conditions for mortgage loans for the same – the reduction of real market-mortgage business.