CheckEmoji Community · the emoji forum
🏠 Home 🆕 What's new ❓ Unanswered 🔥 Popular 📡 RSS Members 👥 0 online log in · register
Home › Society › Law › What is subrogation?

What is subrogation?

Started by Bryan Fowler42 · · 👁 4 views · 1 reply

📡 Subscribe to replies

Participants Bryan Fowler42Brandon Hill8
Bryan Fowler42 Bryan Fowler42 MemberOP
23 messages
joined Jan 2017
#1 ·
I’m trying to wrap my head around junior liens and how the collection process actually works. I've got a few things that just aren't clicking.

So, under Section 315, Paragraph 1 of the property law, it says a secured creditor can pledge a piece of collateral again, within the limits of their own interest, effectively creating a junior lien. I can't tell if this paragraph is just poorly drafted or if this is actually how it functions. Based on this rule, the secured creditor can take the exact same item that’s already been pledged and put it up as collateral again... Let's say the primary secured creditor fails to satisfy their debt, so then the junior lienholder kicks off a collection action. It feels like the junior creditor would be collecting from an item that isn't even the primary creditor's property—it belongs to the debtor, who has nothing to do with the junior creditor. To me, that makes zero sense, unless the law actually means the secured creditor can pledge their security interest further, similar to how a mezzanine loan works. But here, the law explicitly states that the secured creditor can pledge the collateralized movable property rather than mentioning the specific right
.
Brandon Hill8 Brandon Hill8 Active Member
57 messages
joined Apr 2011
#2 ·
Quote:.
maxpayne says:
I'm trying to wrap my head around junior security interests—specifically the enforcement process. I've got a few things that just aren't adding up.

So, under Section 315, Paragraph 1 of the property law, it claims that a secured creditor can further pledge a secured piece of personal property within the limits of their own interest, effectively creating a junior lien. Is this just some incredibly clumsy drafting, or is it actually how it works? According to this specific rule, a secured creditor could take the exact same item that’s already been pledged and use it as collateral again... say, if the primary creditor fails to collect on their debt and the junior creditor starts enforcement. It seems like the junior creditor would be seizing an asset that isn't even part of the primary creditor's ownership, and the original debtor doesn't even have a direct relationship with this new junior creditor. That makes zero sense to me, unless what they actually mean is that the creditor is pledging their security interest itself—kind of like how a mezzanine financing structure works. But here, the statute explicitly states that the creditor can further pledge the secured personal property rather than mentioning the

interest
Check Section 315, Paragraph 3. That should clear up your confusion.

You must log in or register to reply here.

Log in Register