Loans changed with a pledge

Economic crisis and negative recession, monetary policies aimed at “tight” have led the credit channel to the need to create new financial instruments that would allow to address the problem of the demand for financial resources from the “domestic” channel. Among the many credit products that, from 2001 to today, have not really known crises but a strong and swarming demand , are those concerning the bank loan with real guarantee of the pledge . Let’s see in this guide what it is and what financial companies are able to offer the growing demand.

Loans with the real guarantee: the pledge

Loans with the real guarantee: the pledge

As sanctions and articulates the civil law , pledge is a warranty right on movable property and not on immovable property (such as the mortgage), on credits or on rights having as object movable property (article 2784 of the Civil Code) which is constituted by a pledge agreement , in addition to the contextual possibility of signing a loan contract. The pledge contract that “hooks” and perfects that relating to the loan with bills, is a real contract that requires the ” traditio ” or the physical and physical delivery of the thing or the document that confers the availability (as enshrined and expected by first paragraph of Article 2786 of the Civil Code). What or document can be delivered to a third party designated by the parties or remain in custody of both: essential, for the security of the real guarantee of pledge and for advertising to third parties, is that the constituent entity is unable to dispose of it without the cooperation of the creditor (article 2786 second paragraph, civil law).

The subject creditor who receives the thing must and is obliged to guard it , can not dispose of it or use it, except for necessity of conservation (article 2790 civil code); however, if the pledge has as its object money or fungible things, the recipient creditor is only obliged to return as many things of the same species or quality (we speak of irregular pledge).

Loan bonds with pledge: the rights of the pledgee creditor

With the signing of the bank loan assisted by the real guarantee of the pledge , the lender and credit institution (bank or finance company) has a “double” form of protection :

  • to sell the thing according to a particular procedure regulated by article 2797 of the civil code (without going through the cumbersome process of expropriation),
  • to be charged with the right of first refusal on the thing pledged, which has remained in its possession or of the designated third party; with the return of the thing, the preemption is lost,
  • ask the judge that the thing is assigned in payment up to competition and repayment of the contract debt, which is repaid through the payment of bills,
  • make civil fruits their own,
  • finally, in the pledge of receivables, the subject lender can collect the credit and, if the credit has expired, can withhold the money received enough to satisfy (article 2803 of the civil code).

Loan exchange with pledge: commercial offers

Once the civil and jurisprudential discipline has been examined, it is necessary to consider pragmatic and commercial aspects that can help the potential underwriter to understand where to turn his / her question. Among the various credit institutions offering the solution of bank loans to pledge is that of Banca Marche, or rather, after the compulsory administrative liquidation, Nuova Banca delle Marche SpA , in short New Banca Marche. There proposed credit solution allows you to receive a quick loan , without any creditworthiness survey for any prior insolvency for bad paying and protested payers.
Given the necessity of the physical presence of the debtor at the time of signing the pledge policy, and consequent disbursement of the capital obtained, the transaction can be concluded only at branches located in the territory. At the time of disbursement of the loan the ancillary costs related to the custody of the asset must be borne, the T an is 12% and the maximum T aeg applied of 12.357%.

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