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Daily Archives: May 9, 2017

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What is the difference between Lien and Pledge?

Law related to collateral-securities, Loans and advancesBy Surendra NaikMay 9, 2017

Basically, lien and pledge are forms of the right to retain goods for the same purpose i.e. both are security interest options for payment of a debt. Though they look identical; there are certain differences which this article identifies herein. Lien: Lien is akin to bailment. It is the right to retain goods or securities…

What is the difference between Hypothecation and Mortgage?

Law related to collateral-securities, Loans and advancesBy Surendra NaikMay 9, 2017

The lender’s right to the term “Hypothecation of assets” is not defined anywhere in the statute. Some courts have even compared hypothecation to the mortgage of movables. Hypothecation of assets is defined in SARFAESI ordinance 2002 as under; “a charge in or upon any movable property, existing or future, created by a borrower in favour…

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