Hypothecation is the practice of a borrower pledging an asset as collateral for a loan while retaining ownership of the assets and enjoying the benefits therefrom. The lender has the right to take possession of the asset if the borrower defaults. An example would be a mortgage. The transaction is memorialized in a note and mortgage document evidence of which is recorded in the land records. That recorded evidence constitutes a lien on the property. The lien is released when the debt is paid.
Lien, Pledge, Hypothecation and Mortgage are the four main modes of creating security....
A pledge usually has no legal inclination whereas hypothecation has legal consequences in the event you fail to honor your word.
A hypothecation charge refers to using an asset as collateral for a loan without transferring ownership of the asset. The lender has a claim on the asset in case the borrower defaults on the loan.
Indiana is a lien theory state.Indiana is a lien theory state.Indiana is a lien theory state.Indiana is a lien theory state.
Mechanic's lien- no.Mechanic's lien- no.Mechanic's lien- no.Mechanic's lien- no.
Pledging stocks as collateral for a loan
A transfer of lien assigns the lien claimant's position in the lien to another party. A release of lien discharges the lien and makes it not appear on a title policy issued for the property.
A junior lien can supersede a senior lien only if the senior lienor subordinated their lien in writing and recorded in the land records.A junior lien can supersede a senior lien only if the senior lienor subordinated their lien in writing and recorded in the land records.A junior lien can supersede a senior lien only if the senior lienor subordinated their lien in writing and recorded in the land records.A junior lien can supersede a senior lien only if the senior lienor subordinated their lien in writing and recorded in the land records.
An involuntary lien would be a judgment lien by a creditor, a lien for unpaid property taxes or income taxes, a demolition lien, a lien for unpaid common expenses or homeowners association dues or a mechanic's lien. Contrast that with a lien you granted in your property such as a mortgage which would be a voluntary lien.
lien
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