Definition of "Hypothecation"

The definition of Hypothecation in real estate is the use of one’s belongings as collateral for a loan. This practice assures the lender that, whether the borrower is able to pay or not, the lender will not sustain a net loss. Hypothecation can also be used to describe a situation in which a third party pledges their belongings or financial means as collateral for a loan. 

In order to explain exactly what is hypothecation in real estate, you have to understand that it can be done through a property. By hypothecating that property, you offer it as safety collateral for a loan or mortgage. The property remains in the ownership of the borrower but the ownership rights can be taken away by the lender, most often the bank, if the borrower can’t respect the terms of the loan.

Examples of hypothecation in real estate 

Hypothecation in real estate is applied when a building is guaranteed as a deposit or collateral for a mortgage or a loan from a bank. In this situation, the bank does not have rights for the property or for any income that the property generates, but it can seize the property if the owner does not respect terms of the mortgage and its payments.

Ellen is a 28-year-old art student. After graduating with her BA at 22, getting a respectable job as a graphic designer and carefully saving her money, Ellen soon had enough money to buy her own car and move into a shared apartment. 

After a few years of saving up, Ellen finally had enough money to afford the down payment for a cozy little bungalow in the suburbs. However, due to her lack of a well established credit history, Ellen was asked to use some of her assets as collateral in order to assure her commitment. Confident in her financial stability, Ellen pledged her car, her Macintosh laptop, and her studio equipment as collateral for the loan. In real estate, this would be referred to as hypothecation. 

Another great example of hypothecation would be that of Gary and his good friend Jill. As a well established real estate investor, Gary is presented with an opportunity to buy a shopping mall in a rapidly industrializing part of town. However, Gary’s holdings are not quite significant enough to constitute collateral for the loan needed to purchase the shopping mall. 

Fortunately for Gary, Jill comes to the rescue. Confident in Gary’s ability to turn a profit renting out spaces in the shopping center, Jill pledges one of her holdings, a large undeveloped plot of land, as collateral for Gary’s loan. The bank accepts the offer and grants Gary the funds needed to purchase the space. 

What can hypothecation do for you

Hypothecation in real estate can make it easier to get a loan or a mortgage from the bank because the property is a valuable asset and it ensures the bank that you have options to cover the loan or mortgage as well as the motivation to pay the installments.

Looking at the hypothecation meaning we have to underline that the title, possession or ownership of the estate is not shifted, but it can be through a foreclosure crisis if the borrower can not respect the terms of the mortgage or loan.

Hypothecation grants the security of a loan. The opposite would be unsecured loans which are more difficult to get as they provide no collateral. Hypothecation real estate makes it easier to get loans as the estate itself becomes collateral in case payments are not met.




image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Type of investment company that invests money in mortgages and various types of investment in real estate, in order to earn profits for shareholders. Shareholders receive income from the ...

Frame surrounding a door or window to block adverse weather. It may be made of wood, metal, or other material. The frame may be fixed or moveable. ...

Same as term Veterans Administration Mortgage: Mortgage guaranteed up to 30 years by the Veterans Administration to veterans meeting minimum requirements. Originally established by the ...

Within Real Estate, “nuisance” is a term used to describe any disturbance that might affect neighboring houses. Nuisance abatement is the enforcing of policies and codes that ...

Calculator having various financial functions including present value, purchase price, property appreciation, lease costs, loan and mortgage amortization. ...

A lease requiring tenants to pay all utilities, insurance, taxes, and maintenance costs. ...

Any structure projecting from a wall or other vertical element for the purpose of providing support for a weight or other object. ...

Bankruptcy declared by any insolvent person or business. In contrast to involuntary bankruptcy, which is applied for by the creditors. ...

Residing in a structure that the individual owns. ...

Popular Real Estate Questions