When you opt for secured financing, the lender typically requires you to provide an asset as collateral. There are three distinct ways to do this: pledge, hypothecation, and mortgage. These terms, while often used interchangeably, have different meanings and implications. As a borrower, you must learn the difference between pledge, hypothecation, and mortgage. Doing so enables you to understand how your asset would be treated if you default on your loan, and ultimately helps you make the right financial decision.
Understanding secured financing
Secured financing refers to a loan arrangement wherein a borrower agrees to offer an asset as collateral to the lender in exchange of funds. This asset can be anything, ranging from a real estate property to a vehicle to fixed deposits to stock investments. It acts as a security, which means that if the borrower defaults on the loan, the lender can recover dues by claiming or selling the asset. Once the borrower repays the loan amount, their asset is freed by the lender.
Since secured loans are backed by collateral, they typically offer higher borrowing limits and come with lower interest rates (as compared to unsecured loans). Additionally, secured loans enhance your chances of obtaining credit, as the risk is lower for the lender. However, such loans may entail a longer processing time, as the lender may need to verify the authenticity, ownership, and valuation of the asset.
Some common examples of secured loans include a home loan, a car loan, and a loan against property. In the case of a home loan and a loan against property, your home or property is kept as collateral with the lender until you’ve repaid the entire loan amount. Similarly, in a car loan, the vehicle itself acts as collateral for the loan.
Depending on the nature of the asset used as collateral and lending terms, it can be pledged, hypothecated, or mortgaged. Although these terms seem similar, they carry different meanings and implications. Each of these methods defines how ownership, possession, and control of the asset are shared between the borrower and the lender.
In the following sections, you will explore the difference between a pledge and a mortgage, mortgage vs hypothecation, and pledge vs hypothecation, so you can clearly understand how each type works in practical lending situations.
What is a pledge?
A pledge is when you provide an asset as security to a lender for a loan. It typically involves a physical transfer of a movable asset, such as gold jewelry, investment certificates, etc., from a borrower to a lender. However, the borrower retains the ownership of the asset. In case the borrower fails to repay the loan, the lender has the right to sell or keep the asset to recover the amount. But if the borrower repays the loan, the lender returns the asset.
The key features of “pledge” in a loan include:
Possession: The lender keeps possession of the asset until the loan is fully repaid.
Ownership: The borrower remains the legal owner of the pledged asset.
Legal rights: The lender has the legal right to keep or sell the asset if the borrower defaults.
Type of asset: The borrower can pledge any movable asset, including gold jewelry, stocks, bonds, fixed deposits, vehicles, etc.
Repayment: Once the loan amount is fully repaid, the lender returns the pledged item to the borrower.
Examples: Common examples include gold loans, pawn loans, and loans against securities.
Let’s understand the meaning of “pledge” with an example. When you apply for a gold loan, you are required to hand over your gold jewelry, coins, or ornaments to the lender. The lender then evaluates the estimated market value of your gold and offers you a loan limit based on the evaluated value. You can borrow from this loan limit, and the lender keeps your gold safely until the loan is fully repaid.
When comparing pledge vs hypothecation, the primary point of difference between pledge and hypothecation is that in a pledge, the asset is physically transferred to the lender, while in hypothecation, the borrower keeps possession of the asset.
What is hypothecation?
A hypothecation is when you provide a movable asset as collateral for a loan without transferring possession to the lender. However, the lender holds the right to take possession of the asset if the borrower defaults. It’s commonly used for vehicle loans, business equipment loans, and inventory financing.
The key features of “hypothecation” in a loan include:
Possession: The borrower keeps possession and can continue using the asset while repaying the loan amount.
Ownership: Legal ownership remains with the borrower. However, the lender has the right to claim ownership of the asset if the borrower defaults.
Legal rights: The lender has the legal right to seize or sell the asset if the borrower defaults. However, it cannot lay a claim on it during the loan term.
Type of asset: The borrower can hypothecate usable and movable assets, such as cars, machinery, etc.
Repayment: Once the loan amount is fully repaid, the lender removes the hypothecation and issues a No Dues Certificate.
Examples: Commonly used in vehicle loans, equipment financing, and machinery loans.
Let’s take an example to understand the meaning of “hypothecation” in a loan. Suppose you buy a brand-new car through a car loan. In such a case, the vehicle will be registered in your name, which means that you will be the legal owner of the vehicle. However, the registration certificate will carry a hypothecated tag to the lender. It means that although you own and possess the car, the lender will get a legal right to seize your car and recover its dues if you default on loan repayments.
When you compare hypothecation vs mortgage, the key difference lies in the type of asset being provided as collateral. Hypothecation applies to movable assets, such as cars and equipment; a mortgage involves an immovable property, such as land or a building.
What is a mortgage?
A mortgage is when you use an immovable asset, such as land, a house, or a commercial property, as security to obtain a loan. In a mortgage, the borrower (known as the mortgagor) retains both ownership and possession of the property, while the lender (known as the mortgagee) holds a legal right or charge over it. If the borrower defaults, the lender can sell the property to recover the outstanding dues.
The key features of a “mortgage” in a loan include:
Possession: The borrower continues to possess and occupy the property while repaying the loan amount.
Ownership: The borrower remains the legal owner of the property.
Legal rights: The lender has the legal right over the property and can even claim or seize it if the borrower defaults.
Type of asset: Only immovable assets, such as land, buildings, or apartments, can be mortgaged.
Repayment: Once the loan is fully repaid, the lender releases the property papers and issues a “No Objection Certificate”.
Examples: Commonly used for a home loan, a Loan Against Property (LAP), and commercial property loans.
Let’s understand the meaning of “mortgage” with the help of an example. Suppose you take a home loan from a bank to purchase a housing property. In such a case, the bank won’t take possession of your property, and you will remain the rightful owner of your house. You can even continue to live in the property or rent it, as per your wish. However, the property will be mortgaged in the bank’s name until you completely repay your home loan. Once you complete your EMIs, the bank will remove its claim from your house.
When comparing mortgage vs hypothecation, the key difference lies in the type of asset being used as collateral. A mortgage involves immovable property, while hypothecation involves movable assets, such as vehicles or machinery. Similarly, when you compare pledge vs mortgage, the difference is that in a pledge, an asset is physically transferred to the lender, while in a mortgage, the borrower keeps possession of the asset. Another significant difference between a pledge and a mortgage is that a pledge involves a movable asset, whereas a mortgage involves immovable property.
Key difference between pledge, hypothecation, and mortgage
By now, you must have understood the distinction between a pledge, hypothecation, and a mortgage in a loan. While they all serve the same purpose of securing a loan through collateral, they differ in terms of asset type, possession, and the legal process involved. For instance, while the difference between a pledge and a mortgage lies in who holds the asset’s possession, the difference between hypothecation and mortgage lies in the type of asset involved.
Here’s a comparison of pledge vs mortgage vs hypothecation based on the applicable parameters:
Meaning: A pledge involves the physical transfer of asset(s) offered as collateral for a loan, whereas a hypothecation creates a charge on an asset without a physical transfer. A mortgage involves the transfer of an interest in a specific immovable asset or property.
Type of asset: Both pledge and hypothecation involve movable assets, such as gold, investment certificates, vehicles, etc., while a mortgage involves immovable assets, such as land, building, house, etc.
Possession: Under a pledge, the lender takes possession of the asset until the loan is repaid. Whereas, in hypothecation and mortgage, possession remains with the borrower. However, the lender holds a legal right over the asset.
Default consequences: The lender can sell or keep the pledged asset if the borrower defaults. However, in the case of hypothecation or mortgage, the lender needs to initiate legal proceedings to take possession of the asset and use it to recover the dues.
Legal framework: A “pledge” is defined under Section 172 of the Indian Contract Act. The concept of hypothecation is covered under Section 2(n) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. The concept of a mortgage is defined in Section 58 of the Transfer of Property Act of 1882.
Understanding the difference between a pledge, and a mortgage, and hypothecation can give you a better idea of what to use and when. The choice depends largely on the type of asset, loan purpose, and control you wish to retain over the security.
When to use a pledge?
Pledging an asset is the best option if you need short-term financing and have no issues in physically transferring the asset to the lender. However, you must know that your asset will remain with the lender until you repay the loan, and you won’t be able to use it.
For example, you can pledge your gold jewelry or ornaments to take a gold loan during an emergency. Small business owners can pledge personal assets to get access to quick working capital during a crisis.
When to use hypothecation?
A hypothecation works best when you want to retain possession and continue using the asset while it serves as loan security. It’s commonly used for vehicle loans, equipment financing, or working capital loans for businesses.
For example, when you buy a car using a car loan, it gets hypothecated to the lender. While you can continue to drive your car, your car loan provider has the right to claim possession in the case of default.
When to use a mortgage?
If you are taking a long-term loan with immovable property as collateral, a mortgage is your go-to option. You can continue to occupy or use the property while repaying the loan. However, the lender has the right to claim ownership if you default on your loan.
For example, when you take a home loan, your property is typically mortgaged to the lender. You retain ownership and possession, but the lender holds a legal charge until the loan is fully repaid.
Advantages and risks of pledge, hypothecation, and mortgage
Each method, be it pledge, hypothecation, or mortgage, offers distinct benefits and challenges for both lenders and borrowers. Understanding them helps you choose wisely, depending on your precise financial needs and preferences.
Pledge
Advantages (for borrowers):
Quick access to funding
Lower interest rates
Simple documentation
Advantages (for lenders):
Reduced risk
Easy recovery in the case of non-repayment
Risks or challenges (for borrowers):
Loss of possession until the loan is repaid
Inability to use the asset during the loan tenure
Risks or challenges (for lenders):
Storage and maintenance costs for pledged assets
Market fluctuations may impact the asset’s valuation
Hypothecation
Advantages (for borrowers):
Retains possession and can continue using the asset
Faster processing and minimal paperwork
Advantages (for lenders):
No hassles of storing the borrower’s asset
Can seize the asset if the borrower defaults
Risks or challenges (for borrowers):
Can lose possession due to non-payment
Additional legal hassles due to hypothecation
Risks or challenges (for lenders):
Possession remains with the borrower
Recovery may involve certain legal proceedings
Mortgage
Advantages (for borrowers):
Retains possession and ownership of property
Suitable for large-value loans
Structured repayment schedules and potential tax benefits
Advantages (for lenders):
Strong legal security through property registration and title deeds
Easier to recover dues through foreclosure in case of default
Risks or challenges (for borrowers):
Lengthy approval and documentation process
Risk of losing property ownership due to non-payment
Risks or challenges (for lenders):
Legal proceedings for foreclosure can be time-consuming and costly
Property market fluctuations may reduce asset value during recovery
Understanding the differences between pledge, hypothecation, and mortgage is crucial for making well-informed financial decisions. While all three methods allow you to avail of secured financing from lenders, their suitability depends on the type of asset, loan duration, and risk tolerance. A pledge is ideal for short-term liquidity backed by movable assets, hypothecation works best when you wish to retain asset possession, and a mortgage allows you to avail of long-term financing against immovable property.
Before making a final choice, make sure to compare pledge vs mortgage vs hypothecation based on the associated risks and advantages. The goal should be to find the right balance between an asset’s usability and credit access.
What is the main difference between a mortgage and a hypothecation?
The primary difference between a mortgage and a hypothecation lies in the type of asset involved. A mortgage typically involves immovable property like land or a house, and ownership interest is transferred to the lender. In hypothecation, the borrower keeps possession of movable assets like vehicles or inventory while creating a charge in favor of the lender.
Can I pledge movable assets as collateral for a home loan in India?
No. You cannot pledge your movable assets as collateral for a home loan. It is a large-value loan, where the property you have purchased is kept as a mortgage with the lender. Pledging only applies to short-term loans such as gold loans, loans against securities, etc.
Is registration mandatory for mortgage, hypothecation, and pledge?
Yes. The registration of the asset in the name of the borrower is usually mandatory for pledge, hypothecation, or mortgage. However, the precise requirement may depend on the type of asset and associated governing laws.
How does hypothecation protect the lender's rights?
When an asset is hypothecated to the lender, it means that the lender has a charge on it. If the borrower fails to repay the loan amount, the lender has the legal right to seize and sell the hypothecated assets to recover the outstanding dues, as per the loan agreement and applicable laws.
Can CKYC status affect the loan approval process for secured loans?
Yes. Your CKYC status can significantly affect the loan approval process for both secured and unsecured loans. Completing the Know Your Customer (KYC) formalities is a mandatory requirement to apply for a loan in India. A verified CKYC record helps lenders quickly confirm your identity and speed up the approval process.
What happens to the asset if I default on a loan secured by a pledge?
If you default on a loan secured by a pledge, the lender has the right to keep the pledged asset and use it to recover dues. You lose possession and claim over the asset.