Pledge involves the lender taking physical possession of movable assets as collateral until the debt is repaid, while hypothecation keeps possession with the borrower but gives the lender claim over the assets in default. Mortgage involves creating a charge over immovable property like land or buildings that remains in the borrower's possession until default. Examples of pledge include gold loans and advances against goods, hypothecation includes car loans and stock loans, and mortgage refers to housing loans where a home is pledged as collateral.
Pledge involves the lender taking physical possession of movable assets as collateral until the debt is repaid, while hypothecation keeps possession with the borrower but gives the lender claim over the assets in default. Mortgage involves creating a charge over immovable property like land or buildings that remains in the borrower's possession until default. Examples of pledge include gold loans and advances against goods, hypothecation includes car loans and stock loans, and mortgage refers to housing loans where a home is pledged as collateral.
Pledge involves the lender taking physical possession of movable assets as collateral until the debt is repaid, while hypothecation keeps possession with the borrower but gives the lender claim over the assets in default. Mortgage involves creating a charge over immovable property like land or buildings that remains in the borrower's possession until default. Examples of pledge include gold loans and advances against goods, hypothecation includes car loans and stock loans, and mortgage refers to housing loans where a home is pledged as collateral.
Pledge involves the lender taking physical possession of movable assets as collateral until the debt is repaid, while hypothecation keeps possession with the borrower but gives the lender claim over the assets in default. Mortgage involves creating a charge over immovable property like land or buildings that remains in the borrower's possession until default. Examples of pledge include gold loans and advances against goods, hypothecation includes car loans and stock loans, and mortgage refers to housing loans where a home is pledged as collateral.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1of 3
Define Pledge, Hypothecation and Mortgage.
(1) Pledge is used when the lender (pledgee) takes actual
possession of assets (i.e. certificates, goods ). Such securities or goods are movable securities. In this case the pledgee retains the possession of the goods until the pledgor (i.e. borrower) repays the entire debt amount. In case there is default by the borrower, the pledgee has a right to sell the goods in his possession and adjust its proceeds towards the amount due (i.e. principal and interest amount). Some examples of pledge are Gold /Jewellery Loans, Advance against goods,/stock, Advances against National Saving Certificates etc.
(2) Hypothecation is used for creating charge against the security
of movable assets, but here the possession of the security remains with the borrower itself. Thus, in case of default by the borrower, the lender (i.e. to whom the goods / security has been hypothecated) will have to first take possession of the security and then sell the same. The best example of this type of arrangement are Car Loans. In this case Car / Vehicle remains with the borrower but the same is hypothecated to the bank / financer. In case the borrower, defaults, banks take possession of the vehicle after giving notice and then sell the same and credit the proceeds to the loan account. Other examples of these hypothecation are loans against stock and debtors. [Sometimes, borrowers cheat the banker by partly selling goods hypothecated to bank and not keeping the desired amount of stock of goods. In such cases, if bank feels that borrower is trying to cheat, then it can convert hypothecation to pledge i.e. it takes over possession of the goods and keeps the same under lock and key of the bank].
(3) Mortgage : is used for creating charge against immovable
property which includes land, buildings or anything that is attached to the earth or permanently fastened to anything attached to the earth (However, it does not include growing crops or grass as they can be easily detached from the earth). The best example when mortage is created is when someone takes a Housing Loan / Home Loan. In this case house is mortgaged in favour of the bank / financer but remains in possession of the borrower, which he uses for himself or even may give on rent. Difference Between Pledge, Hypothecation and Mortgage at a Glance:
Pledge Hypothecation Mortgage
Type of Security Movable Movable Immovable Possession of the Usually Remains Remains with lender (pledgee) Remains with Borrower security with Borrower
Gold Loan, Advance against
Examples of Loan Car / Vehilce Loans, Adv NSCs, Adv against goods (also Housing Loans where used against stock and debtors given under hypothecation)