How Do Banks Secure Loans?

How Do Banks Secure Loans? thumbnail
Your home mortgage is an example of a secured loan.

Secured loans are a lower risk for lenders because they give the lender the right to repossess collateral should you stop making regular loan payments. The reduced risk to the lender allows it to offer secured loans at lower interest rates than non-secured loans.

  1. Facts

    • When you agree to a secured loan, your lender will ask you to sign a promissory note. A promissory note is a legal document that contains the terms and conditions of the loan. Promissory notes outline both parties' rights and, in the case of secured loans, detail the collateral that the lender may seize if you stop making payments. Promissory notes are the simplest way of securing any loan.

    Features

    • If the collateral is real estate rather than banking or investment accounts, a lender will often file a lien against the property. The lien provides the lender with added protection since it attaches to the property title. Thus, if the borrower sells the property without paying off the lien, the new owner becomes liable for the original debt.

    Considerations

    • An unsecured loan can become a secured loan if the lender sues you in court. A successful lawsuit results in the court awarding the lender a judgment against you. The lender may then use its judgment to place a lien against your property, thus securing the original debt.

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