If you want to get loan from a bank or a loan firm, you need to provide some kind of security to the creditor as insurance for the safe and full return of the debt. You can either introduce a third party as guarantor for the return of the loan or you can give certain rights of your personal property to the creditor so that if you can’t return the loan, he can sale the property and collect his debt. This process is known as the pledging of personal property for loan or mortgage loan purposes.
Introduction to the Pledge of Personal Property Contract:
When a debtor wants to pledge his personal property with the creditor as insurance or guaranty of the safe return of the debt, they both need to sign the pledge of personal property contract. This agreement states that the debtor has in fact borrowed money from the creditor and agrees to transfer the ownership and selling rights of his pledged property to the creditor in case he can’t return the loan. Thus, when a creditor declares a debtor as defaulter, he has the right to sale the collateral or pledged property so that he can collect the loan amount. This contract is very important and has full legal value. In order to prepare this contract, both parties are required to meet and negotiate the terms and conditions of the agreement in presence of their attorneys.
Key elements to include in the Pledge of Personal Property Contract:
- Name of the debtor with address
- Name of the creditor i.e. person or bank with complete address
- Date when the debtor received the loan from other party
- Date when the contract is being signed
- Details of the property being pledged with the creditor
- Ownership and selling rights of the collateral for the creditor
- Deadline to return the loan before the creditor foreclose the property
- Terms and conditions of the contract
- Validation, limitation and expiration of the contract
- Signature of both parties i.e. creditor and debtor along with witnesses
Importance, benefits and uses of Pledge of Personal Property Contract:
When a person gets loan or mortgage loan from another person or from bank or loan firm, the creditor requires the debtor or loaner to provide some kind of security for the refund of the debt and mostly, debtors pledge their personal property with the banks. This way if the debt can’t return the debt, the bank can foreclose the property and sell it as collateral to recover the debt and as the debtor signed this contract, he can’t stop or protest against the sale of his property. This way the pledge contract allows the creditor to collect the debt by selling the property where on the other hand, this contract also gives certain rights to the debtor i.e. the bank can’t sale the property or foreclose it before the deadline to return the debt ends.
Here is preview of a Free Sample Pledge of Personal Property Contract Template created as fill-able PDF,
Here is download link for this Pledge of Personal Property Contract Template,