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18 February, 2022

Distinguish between mortgage & pledge

Sl.

Particulars

Mortgage

Pledge

1

Property type in

Security

Mortgaged is an immovable property

Pledged is a movable property

2

Property ownership

The property is transferred to lender

The property remains to pledgor

3

Property custody

Possession of property will be with borrower

Goods delivered by the pledgor will be in lender

4

Legal authority to sell property

Mortgagee can sell only with the permission of the Court

Lender can sell without the intervention of the Court

5

Rights to foreclosure

A mortgagee has the right of foreclosure that restrict the borrower

from taking back the property under certain circumstances

A pledgee does not have the right of foreclosure that

cannot restrict the pledgor from taking back the property