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When are terms Hypothecation, Lien, Charge, Pledge and Mortgage used in contract?

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All these terms hypothecation, lien, charge, pledge and mortgage have the same meaning. The most common use of these terms would be when someone takes a secured loan i.e. a loan which is secured by a collateral such as applying for Bajaj Finserv Loan Against Property.

If we talk about the definition,

  • Mortgage refers to an agreement between a borrower and a lender wherein a borrower secures a certain amount as funding against their real-estate property. This is one reason loans such as loan against property wherein the mortgaged asset is mostly a residential flat or a building or a piece of land qualifies as a mortgage loan.

  • Hypothecation, on the other hand, is the practice where a debtor pledges collateral to secure a debt or as a condition precedent to the debt, or a third party pledges collateral for the debtor. If you observe properly, the definition is very similar to the definition of mortgage.

  • Moving on to lien, it refers to a condition put forward by the borrower which basically makes the transfer of property possession temporary. As per the definition, lien means a right to keep possession of property belonging to another person until a debt owed by that person is discharged.