In the United States, the term „security interests” is often used in a „link” way. However, the term „Link” is more often associated with real estate guarantees than with personal property. Pension or rest transactions allow one party to sell securities to another party and buy them back later. The first party pays less than the proceeds of the sale to redeem the warranty. The buyback discount is the seller`s source of profit on the pension agreement. Repo agreements are therefore in fact loans for which the securities sold act as a rehypothecated collateral. There are other reasons why people sometimes take security over assets. In the context of shareholder agreements involving two parties (for example. B a joint venture), shareholders sometimes collect their shares for the benefit of the other as collateral for the performance of their obligations under the agreement, in order to prevent the other shareholder from selling its shares to a third party [clarification necessary]. It is sometimes suggested that banks may cover outstanding costs through companies as collateral, not so much for guaranteeing payment of their own debts, but because it ensures that no other bank will normally be ready for business; it would be a quasi-monopoly in favour of the bank, which holds the variable royalty for the granting of loans to the company.
[a] When a customer opens a margin account, the customer must sign a number of agreements that accept the terms under which the credit is renewed. By signing the mortgage agreement, the client mortgages his security as collateral for the loan. The mortgage agreement also allows the broker to obtain the securities and mortgage the client`s security as collateral for a loan from a bank. Section 9 is limited in the context of ownership and establishment (i.e. personal property related to real estate). Security interests in real estate remain subject to divergent laws (in the form of laws or jurisprudence, or both), which vary considerably from state to state. In a small majority of states, the Act of Trust is the most important instrument to generate a security interest in real estate, while the mortgage is used in the rest. The assumption is a common feature of consumer contracts with mortgages – the debtor legally owns the house, but until the mortgage is repaid, the creditor has the right to assume the property (and perhaps also possession) – but only if the debtor does not follow the repayments. If a consumer takes out an additional loan that is secured against the value of his mortgage (commonly called „second mortgage”) up to the current value of the home minus unpaid repayments, hypothetically the consumer himself – the creditor can still confiscate the house, but in this case the creditor will be responsible for the unpaid mortgage debt.
Sometimes consumer goods and business equipment can be de-columbiad – the assets are legally held by the borrower, but once again, the creditor can seize them if necessary A collateral (also called a pledge) is a form of property guarantee and, therefore, the mortgaged assets must be physically delivered to the beneficiary of the pawning (the borrower). Mortgages are used in commercial contexts in commercial enterprises (especially physical, commodity transactions) and are still used by pawnbrokers who, contrary to their old worldview, remain a regulated credit industry.
