Define: Secured

Secured
Secured
Quick Summary of Secured

When you owe someone money, you may need to provide them with something valuable as a guarantee of repayment. This valuable item is referred to as security or collateral. If your debt is secured, it indicates that you have given something valuable to the person you owe money to, and they have the right to take it if you fail to repay them.

Full Definition Of Secured

Secured (adjective) – describes a debt or obligation that is backed by security or collateral.

Examples:
A secured loan requires the borrower to provide collateral, such as a car or house, to ensure repayment. A secured credit card involves a cash deposit as collateral to secure the credit line.

Explanation:
When a debt or obligation is secured, the lender has some form of security or collateral in case the borrower is unable to repay the loan. This reduces the risk for the lender and allows for better terms and lower interest rates for the borrower. The examples provided show how different types of loans and credit cards can be secured by collateral, providing protection for the lender.

Secured FAQ'S

When a loan is secured, it means that the borrower has provided collateral, such as property or assets, to the lender as a guarantee for repayment of the loan. If the borrower fails to repay the loan, the lender has the right to seize and sell the collateral to recover the outstanding debt.

Common types of collateral used for secured loans include real estate properties, vehicles, jewelry, stocks, and savings accounts. The specific type of collateral required may vary depending on the lender and the nature of the loan.

Generally, lenders cannot seize collateral immediately upon default. They must follow a legal process, which typically involves providing notice to the borrower and giving them an opportunity to cure the default or negotiate a repayment plan. Only if the borrower fails to rectify the default can the lender proceed with seizing the collateral.

In most cases, you cannot use the collateral for any purpose other than what is specified in the loan agreement while it is pledged to the lender. Doing so may be considered a breach of the loan agreement and could result in default.

Generally, you cannot sell the collateral without the lender’s consent until the loan is fully repaid. The lender has a legal interest in the collateral until the debt is satisfied. However, some loan agreements may allow for the sale of collateral under certain conditions, so it is important to review the terms of your specific loan agreement.

If the value of the collateral decreases during the loan term, it may affect the lender’s security. In such cases, the lender may require the borrower to provide additional collateral or make up for the shortfall in value. If the borrower fails to do so, the lender may have the right to declare a default and take legal action to recover the outstanding debt.

Secured loans are often more accessible to individuals with poor credit histories because the collateral provides added security for the lender. However, the terms and interest rates offered may be less favorable compared to those with good credit. It is important to shop around and compare offers from different lenders to find the best terms for your situation.

Generally, a lender cannot unilaterally change the terms of a secured loan agreement once it has been signed, unless there is a provision in the agreement that allows for such changes. Any modifications to the loan agreement would typically require the consent of both parties.

Filing for bankruptcy may have implications for your secured loan and collateral. Depending on the type of bankruptcy you file, you may be able to retain the collateral by reaffirming the debt and continuing to make payments. However, if you are unable to make the required payments, the lender may have the right to repossess and sell the collateral to satisfy the debt.

In some cases, you may be able to use the collateral for a secured loan as a down payment for another loan, but it would depend on the specific terms and conditions of both loans. It is important to consult with the lenders involved and review the loan agreements to determine if such arrangements are permissible.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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