Difference Between Pledge, Hypothecation and Mortgage
In What Context Are Terms Pledge, Hypothecation and Mortgage Used:
These terms are used for creating a charge on the assets which
is given by the borrower to the lender as a security for any loan. Thus, one of
these terms will be normally used whenever an individual or a business firm
avails any loan and the bank keeps some assets as a security, so that it will
be able to sell the same in case that individual or the firm defaults in
repayments.
Pledge: 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 pledger (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.
Hypothecation: 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 is Car Loans. In this case
Car / Vehicle remain 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 this 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).
Mortgage: It 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 mortgage is created is when someone takes a Housing Loan
/ Home Loan. In this case house is mortgaged in favor 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
pledge
|
Hypothecation
|
Mortgage
|
|
Movable
|
Movable
|
Immovable
|
|
Possession of the security
|
Remains with lender (pledgee)
|
Remains with Borrower
|
Usually Remains with Borrower
|
Examples of Loan where used
|
Gold Loan, Advance against NSCs, Adv against goods (also given
under hypothecation)
|
Car / Vehilce Loans, Adv against stock and debtors
|
Housing Loans
|
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