R.N.P.M.

Pentru informații rapide despre serviciile noastre, puteți accesa: https://rnpm-unbr.ro/agent/manciu-catalin-adrian / https://mj.rnpm.ro/#operator/uavr

According to Article 1, Paragraph 1, Point d) of Law Number 297/2018 concerning the National Registry of Real Estate Publicity and the abrogation of Government Ordinance Number 89/2000 concerning certain measures for authorizing operators and carrying out registrations in the Electronic Registry of Real Estate Security Interests, the National Registry of Real Estate Publicity is a national electronic system of public interest, structured according to individuals and assets, for registration purposes in the event of foreclosure and publicity of legal acts and operations provided for by law.

The National Register of Real Estate Publicity is the legal system of real estate publicity for mortgages, trusts, specific endorsements, securitized claims, and mortgage bonds.

Any mortgagee who, to obtain a priority ranking, wishes to make public the existence of a movable mortgage on a property, according to the provisions of the Civil Code, must complete a mortgage notice form on paper or in electronic format (TED document), and send it to an authorized operator of the National Registry, or to an authorized agent thereof, to be registered in the National Register of Real Estate Publicity, by paying the fee established by law and the corresponding fee established by that operator/agent.

The registration in the Electronic Collateral Database entails the following steps:

The creditor or his representative fills in a standard form with the appropriate data contained in the mortgage contract and sends it to an authorized operator of the National Register of Real Estate Publicity, or an agent authorized therein, requesting inclusion in the Register.

The Registry Operator, without carrying out a validity check on the data contained in the form received by verifying that the form is filled in correctly and that the data is in the format accepted by the Register, proceeds to the faithful registration in the Register of the data contained in the form filled in by the applicant. A validity check is a verification of the concordance between the data contained in the form and those contained in the legal act on which the registration is founded (mortgage contract) and also a verification of the validity of the legal act itself. According to the law, the registration of the application forms in the Register is a simple administrative activity and the entire responsibility for the data included in the form lies with the person requesting the registration.

On the other hand, according to Article 2414 of the Civil Code, "The registration in the archive (Register) does not confer validity on a mortgage that is subject to nullity". Thus, if in reality there is no mortgage contract or the content of the mortgage notice is not covered by the terms of the mortgage contract, the registration will have no effect.

The registration made in the Register by authorized operators/agents by faithfully reproducing the contents of the standard form completed by the registrant is called a mortgage notice.

The functions and purpose of the National Register of Real Estate Publicity

1. Publicity regarding the mortgage and priority over subsequent creditors

According to Article 2420, Paragraph 1 of the Civil Code, "The rank of perfected mortgages shall be determined according to the order of registration or perfection of the mortgages, with the exceptions provided for by the law".

Article 2409 Paragraph 2 of the Civil Code provides that "The publicity of mortgages on the movable property shall be ensured by entering them in the archive (Register), unless otherwise provided by the law", and Article 2415 of the Civil Code, establishing a presumption that cannot be rebutted by evidence to the contrary, states that "the creditor who registers a mortgage on a property is presumed to know of the existence of all mortgages that have been registered previously on the same property. Any evidence to the contrary is not admissible".

2. Notifying potential creditors of previously concluded mortgage contracts

The role of the National Register of Real Estate Publicity is to protect creditors who have mortgages on real estate registered in the National Register of Real Estate Publicity; registration in the Register gives the mortgagee the right to recover its claim by enforcing the property mortgaged by the debtor, before mortgagees whose rights on the mortgaged property have a lower priority. Consultation of the Register provides creditors with accurate data by which they can assess the risk of a transaction to be concluded with a debtor.

https://co.rnpm.ro/