Thursday, October 25, 2012

Lesson-5 on Credit



Question: What is mortgage?
Answer:
Mortgage is a method of charging. This type of charging is done in case of immovable property. Immovable property includes land & things attached to the earth like trees, buildings & fixed machinery.

Question: What are the differences among Mortgage, Pledge and Hypothecation?

Answer:

Ø    Mortgage is made as a security for the repayment of a debt- present or past, an interest of the owner in the property. Mortgaged is to some extent parted or transfer. The physical possession of the property may or may not be parted.

Ø    Pledge is the bailment of goods (under the possession of the Bank)  as security for payment of a debt. Title & ownership is not transferred but the pledgee has a right to sell the pledged item if the condition of the pledge is violated.

Ø    Hypothecation is a floating charge against stock of goods. It is used in case of advance against movable goods.In case of hypothecation neither ownership nor possession is transferred.

Question: What are different types of Mortgage?
Answer:
i)                Simple Mortgage
ii)              Mortgage by Conditional Sale
iii)            Usufructury Mortgage
iv)            English Mortgage
v)              Equitable Mortgage
vi)            Anomalous Mortgage

Question: What is Lien?
Answer:
A lien is the right of a creditor in possession of goods, securities or any other asses belonging to the debtor  to retain them until the debt is repaid

Question: What are the Different Type of  Lien?
Answer:
i)                Particular Lien
ii)              General Lien
iii)            Banker’s Lien
iv)            Negative Lien
v)              Equitable Lien
vi)            Maritime Lien

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