Mortgage vs. Hypothecation: Know the Difference
By Shumaila Saeed || Published on January 17, 2024
A mortgage is a legal agreement in which property is used as collateral for a loan. Hypothecation involves pledging assets as collateral for a loan without relinquishing ownership.
Key Differences
A mortgage involves a borrower giving legal rights to a property to a lender as security for a loan. Hypothecation, in contrast, allows the borrower to retain ownership of the property or asset while it serves as collateral.
Shumaila Saeed
Jan 17, 2024
In a mortgage, if the borrower defaults, the lender has the right to sell the property to recover the loan amount. Hypothecation differs as the asset remains with the borrower, but the lender has a claim on it in case of default.
Shumaila Saeed
Jan 17, 2024
Mortgages are typically used for real estate transactions. Hypothecation is more common in personal property loans, like car loans, where the car remains with the borrower but is pledged as collateral.
Shumaila Saeed
Jan 17, 2024
The process of foreclosure in a mortgage allows the lender to take possession of the property. With hypothecation, repossession of the collateral is subject to different legal proceedings.
Shumaila Saeed
Jan 17, 2024
Mortgages are generally associated with higher loan amounts and longer terms, often seen in real estate. Hypothecation deals with smaller loans and shorter terms, usually for movable assets.
Shumaila Saeed
Jan 17, 2024
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Comparison Chart
Default Consequence
Foreclosure and property sale.
Lender claims the collateral.
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Jan 17, 2024
Loan Amount
Generally higher for real estate.
Usually smaller, for personal property.
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Jan 17, 2024
Usage
Mainly for property purchases.
Often for personal loans like car loans.
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Jan 17, 2024
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Mortgage and Hypothecation Definitions
Mortgage
The charging of real property by a debtor to a creditor as security for a debt.
Their farm was put up as a mortgage for the business loan.
Shumaila Saeed
Jan 08, 2024
Hypothecation
A financial arrangement where an asset is collateral but not surrendered.
Hypothecation made it possible to get the loan without losing access to their assets.
Shumaila Saeed
Jan 08, 2024
Mortgage
A legal mechanism used in real estate purchases.
They consulted a lawyer to understand the terms of the mortgage.
Shumaila Saeed
Jan 08, 2024
Hypothecation
An agreement where an asset is collateral for a loan, but remains with the borrower.
She entered into a hypothecation agreement for her new laptop.
Shumaila Saeed
Jan 08, 2024
Mortgage
A conveyance of an interest in property as security for the repayment of money borrowed.
Their mortgage was finally paid off after 30 years.
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Jan 08, 2024
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Hypothecation
The practice of pledging collateral to secure a debt without surrendering title, possession, or ownership rights.
He used his car as hypothecation for a personal loan.
Shumaila Saeed
Jan 08, 2024
Mortgage
A legal agreement where a bank lends money in exchange for taking title of the debtor's property.
They took out a mortgage to buy their first house.
Shumaila Saeed
Jan 08, 2024
Hypothecation
The act of pledging a property to secure a debt while retaining its ownership.
Their equipment was under hypothecation for the business expansion loan.
Shumaila Saeed
Jan 08, 2024
Mortgage
A loan for the purchase of real property, secured by a lien on the property.
Shumaila Saeed
Jan 06, 2024
Hypothecation
Using personal property as security for a loan without giving up possession.
Hypothecation allowed them to keep using their boat while it secured the loan.
Shumaila Saeed
Jan 08, 2024
Mortgage
The document specifying the terms and conditions of the repayment of such a loan.
Shumaila Saeed
Jan 06, 2024
Hypothecation
To pledge (property) as security or collateral without delivery of title or possession.
Shumaila Saeed
Jan 06, 2024
Mortgage
The repayment obligation associated with such a loan
A family who cannot afford their mortgage.
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Jan 06, 2024
Mortgage
The right to payment associated with such a loan
A bank that buys mortgages from originators.
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Jan 06, 2024
Hypothecation
The use of property, or an existing mortgage, as security for a loan, etc.
Shumaila Saeed
Jan 06, 2024
Hypothecation
The act or contract by which property is hypothecated; a right which a creditor has in or to the property of his debtor, in virtue of which he may cause it to be sold and the price appropriated in payment of his debt. This is a right in the thing, or jus in re.
There are but few cases, if any, in our law, where an hypothecation, in the strict sense of the Roman law, exists; that is a pledge without possession by the pledgee.
Shumaila Saeed
Jan 06, 2024
Mortgage
To make subject to a claim or risk; pledge against a doubtful outcome
Mortgaged their political careers by taking an unpopular stand.
Shumaila Saeed
Jan 06, 2024
Hypothecation
A contract whereby, in consideration of money advanced for the necessities of the ship, the vessel, freight, or cargo is made liable for its repayment, provided the ship arrives in safety. It is usually effected by a bottomry bond. See Bottomry.
Shumaila Saeed
Jan 06, 2024
Mortgage
(legal) A special form of secured loan where the purpose of the loan must be specified to the lender, to purchase assets that must be fixed (not movable) property, such as a house or piece of farm land. The assets are registered as the legal property of the borrower but the lender can seize them and dispose of them if they are not satisfied with the manner in which the repayment of the loan is conducted by the borrower. Once the loan is fully repaid, the lender loses this right of seizure and the assets are then deemed to be unencumbered.
We're renting a property in the city centre because we can't afford to get a mortgage yet.
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Jan 06, 2024
Mortgage
To borrow against a property, to obtain a loan for another purpose by giving away the right of seizure to the lender over a fixed property such as a house or piece of land; to pledge a property in order to get a loan.
To mortgage a property, an estate, or a shop
We mortgaged our house in order to start a company.
Shumaila Saeed
Jan 06, 2024
Mortgage
To pledge and make liable; to make subject to obligation; to achieve an immediate result by paying for it in the long term.
Shumaila Saeed
Jan 06, 2024
Mortgage
A conveyance of property, upon condition, as security for the payment of a debt or the preformance of a duty, and to become void upon payment or performance according to the stipulated terms; also, the written instrument by which the conveyance is made.
Shumaila Saeed
Jan 06, 2024
Mortgage
To grant or convey, as property, for the security of a debt, or other engagement, upon a condition that if the debt or engagement shall be discharged according to the contract, the conveyance shall be void, otherwise to become absolute, subject, however, to the right of redemption.
Shumaila Saeed
Jan 06, 2024
Mortgage
Hence: To pledge, either literally or figuratively; to make subject to a claim or obligation.
Mortgaging their lives to covetise.
I myself an mortgaged to thy will.
Shumaila Saeed
Jan 06, 2024
Mortgage
A conditional conveyance of property as security for the repayment of a loan
Shumaila Saeed
Jan 06, 2024
Mortgage
A loan in which property or real estate is used as collateral.
They refinanced their mortgage to get a lower interest rate.
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Jan 08, 2024
Repeatedly Asked Queries
What is a mortgage?
A mortgage is a loan where property is used as collateral.
Shumaila Saeed
Jan 17, 2024
What happens in case of default on a mortgage?
The lender can foreclose and sell the property.
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Jan 17, 2024
Is it possible to transfer hypothecation?
Transferring hypothecation requires a new agreement with the lender.
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Jan 17, 2024
Are mortgages long-term or short-term?
Mortgages are typically long-term loans.
Shumaila Saeed
Jan 17, 2024
Can a mortgage be used for assets other than real estate?
Mortgages are primarily used for real estate transactions.
Shumaila Saeed
Jan 17, 2024
Is hypothecation applicable to real estate?
Hypothecation can be used for real estate, but it's more common with movable assets.
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Jan 17, 2024
What is the consequence of defaulting on a hypothecated loan?
The lender can claim the pledged asset.
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Jan 17, 2024
Can a mortgage be transferred?
Yes, mortgages can be transferred with the consent of the lender.
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Jan 17, 2024
Does a mortgage involve a legal process?
Yes, a mortgage involves a legal process for transferring rights.
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Jan 17, 2024
Can I get a mortgage without a down payment?
Mortgages usually require a down payment, though terms vary.
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Jan 17, 2024
Do I need a down payment for hypothecation?
Hypothecation doesn't typically require a down payment.
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Jan 17, 2024
How does hypothecation work?
Hypothecation involves pledging an asset as collateral while retaining ownership.
Shumaila Saeed
Jan 17, 2024
What is the typical duration of a hypothecation loan?
Hypothecation loans are usually short-term.
Shumaila Saeed
Jan 17, 2024
What is the main purpose of a mortgage?
The main purpose of a mortgage is to finance real estate purchases.
Shumaila Saeed
Jan 17, 2024
Do I need to insure hypothecated assets?
It depends on the lender's requirements.
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Jan 17, 2024
Is insurance required for mortgaged properties?
Yes, lenders typically require insurance on mortgaged properties.
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Jan 17, 2024
Can a mortgage affect my credit score?
Yes, like any loan, a mortgage impacts your credit score.
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Jan 17, 2024
Are interest rates higher for mortgages or hypothecation?
Interest rates depend on the lender and the borrower's creditworthiness.
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Jan 17, 2024
Can hypothecation be used for investment purposes?
Yes, hypothecation can be used for securing investment loans.
Shumaila Saeed
Jan 17, 2024
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About Author
Written by
Shumaila SaeedShumaila Saeed, an expert content creator with 6 years of experience, specializes in distilling complex topics into easily digestible comparisons, shining a light on the nuances that both inform and educate readers with clarity and accuracy.
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