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collateral

Collateral

Collateral is property pledged as security for the repayment of a debt or performance of an obligation.

Key Characteristics

  • Protects the lender
  • Can be real or personal property
  • Allows lender to seize or foreclose if borrower defaults
  • Does not transfer ownership unless default occurs

Collateral in Real Estate

  • Real property is used as collateral for:
    • Mortgages
    • Deeds of trust
  • Secures a promissory note

Collateral vs Security Instrument

  • Collateral
    • The property pledged
  • Security Instrument
    • The legal document creating the lien
    • Examples: mortgage, deed of trust

Release of Collateral

  • Occurs when the debt is paid in full
  • Lien is removed by reconveyance or satisfaction

Exam Tip

  • Collateral is pledged, not sold
  • In real estate, the property itself is the collateral
collateral.txt · Last modified: by reidjs