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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
Difference Between Pledge, Hypothecation and Mortgage Difference Between Pledge, Hypothecation and Mortgage Reviewed by Rayapalli suresh on 09:09 Rating: 5

1 comment:

  1. Hypothecation - It is the demonstration of swearing an advantage as security for acquiring, without separating with its ownership or proprietorship. The borrower goes into a concurrence with the moneylender to hand over the ownership of the hypothecated resources at whatever point called upon to do as such. .difference between mortgage and hypothecation

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