QUESTION

Can you use one collateral for two different loans?

Asked on Jun 16th, 2012 on Bankruptcy - Florida
More details to this question:
I need to find this info for a paper for my business law class.
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3 ANSWERS

Burton J. Green
That is up to the creditors. If the 2nd is willing to accept the c ollateral even if there is already another creditor with a superior lien, that is pretty standard. Think of a first and second mortgage on the same piece of real property.
Answered on Jun 28th, 2012 at 5:05 PM

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Securities Attorney serving Rochester, MI at Olson Law Firm
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You can as long as both lenders know about it. If you don't tell the lenders what you are doing... it is called "fraud".
Answered on Jun 27th, 2012 at 10:03 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Second mortgages are a typical example of using one collateral for two loans. All loans are subject to the lending practices of the institutions to which application is made. Getting two loans on a single motor vehicle would probably not be possible, unless perhaps the car is worth really big bucks because it is very rare and in excellent shape. In other words, collateralizing personal property for two separate loans is probably not possible, but it is done frequently with real estate.
Answered on Jun 27th, 2012 at 6:15 PM

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