Pledge

Definition: A pledge is a legal agreement in which a borrower delivers personal property to a lender as security for a debt or obligation. The pledged property serves as collateral and may be sold or retained by the lender if the borrower fails to meet repayment terms.

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What Is a Pledge?

A pledge is a security arrangement in which a borrower gives the lender possession of personal property as collateral for a debt. If the borrower repays, the property is returned; if the borrower defaults, the lender may sell the pledged property to recover what is owed. The defining feature is that the lender takes possession of the collateral.

Pledge vs. Hypothecation

The key contrast is possession. In a pledge, the lender holds the collateral (a pawnbroker holding jewelry, or a lender holding stock certificates). In hypothecation — such as a car loan or mortgage — the borrower keeps and uses the asset while the lender holds only a lien. Both secure a debt, but only a pledge transfers possession.

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Barnes Walker's attorneys document and enforce secured-lending and collateral arrangements for Florida borrowers and lenders. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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