What Is Secured Debt?
A San Jose bankruptcy lawyer addresses the question: What is Secured Debt?
There are two typical kinds of debt that a person can acquire, secured debt and unsecured debt. Unsecured debt is debt that is not secured by any piece of property. Some examples of unsecured debts include credit card debts, medical debt, and personal loans.
Secured debt is debt that is secured, or guaranteed, by a piece of property (either real or personal). Some common types of secured debt would include the purchase of a home or financing of a car. The main advantage of a secured debt to the creditor is that should the person who took out the loan default on their payments, the secured creditor may attempt to repossess or foreclose upon the piece of property that secured the debt. They can either sell the property or decide to keep it as their own. If the value of the property does not exceed that of the remaining balance of the loan, the creditor retains what is known as a deficiency debt. This is the difference between the loan balance and the value of the property taken. In most instances, secured debt is not dischargeable in bankruptcy, but the deficiency may be.
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