Monday, June 16, 2008

Collateral

Hi,

The holding of a collateral/security may be arranged at the time of a loan, but thereafter the lender may not demand to be given a security.

If, after the loan is originated, the creditor wishes to have a security, he must work through a court. The court is empowered to take such a security even against the will of the borrower.

(Shulchan Aruch Choshen Mishpat 97:6)

Have a great day,
Mordechai

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