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apple (student)     01 June 2011

Difference

Dear Members,

What is the difference between Pledge,mortgage and hypothecation with examples.

Regards,



Learning

 3 Replies

Bhawani Mahapatra (Law Officer)     01 June 2011

Pledges are a form of security to assure that a person will repay a debt or perform an act under contract. In a pledge one person temporarily gives possession of property to another party. Pledges are typically used in securing loans, pawning property for cash, and guaranteeing that contracted work will be done. Every pledge has three parts: two separate parties, a debt or obligation, and a contract of pledge.

A legal document by which the owner (i.e., the buyer) transfers to the lender an interest in real estate to secure the repayment of a debt, evidenced by a mortgage note. When the debt is repaid, the mortgage is discharged, and a satisfaction of mortgage is recorded with the register or recorder of deeds in the county where the mortgage was recorded.

The act or contract by which property is hypothecated; a right which a creditor has in or to the property of his debtor, in virtue of which he may cause it to be sold and the price appropriated in payment of his debt. This is a right in the thing,

Read more: https://www.answers.com/topic/hypothecation#ixzz1O13GJh4w

apple (student)     01 June 2011

thank you for quick response

prabhakar singh (advocate)     03 June 2011

Pledges are typically used in securing loans, pawning property for cash, and guaranteeing that contracted work will be done. Every pledge has three parts: two separate parties, a debt or obligation, and a contract of pled                

hypothecation

  

 

Collateralizing arrangement in which neither the possessionnor the title but only the right to sell an asset or propertypasses on to the creditor or lender (called a grantee). Arrangement where the grantee has the possession and right to sell, but not the title, is called pledging.ge.

 

 

mortgage

 


loan to finance the purchase of real estate, usually with specified payment periods and interest rates. The borrower(mortgagor) gives the lender (mortgagee) a lien on the property as collateral for the loan.
 
now illustrations: you vist a lender,request to give you cash as loan for threemonths,and he agrees on the term that you hand over him your GOLD to him,which he shall keep and if you fail to pay back him with in three months,he shall sell your GOLD PLEDGED WITH HIM to retire his loan advanced to him.What you mark for3months your liquidity is checked but his possession is like trustee but just your default changes the position,making him entiled to behave like a owner of your gold.
Now come to hypothecation,visit a bank,asking them to advance a car loan,they will agree on a term of hypothecation,that you shall be owner and possess of the car,but you shall have no right to sale the car unless loan of bank is fully discharged.
In mortgage an imovable and not movable is involved as security of loan.

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