Glossary entry

French term or phrase:

prise à la sûreté et garantie

English translation:

taken as security and collateral

Added to glossary by AllegroTrans
Aug 8, 2014 10:27
9 yrs ago
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French term

prise à la sûreté et garantie

French to English Law/Patents Real Estate mortgage document
I have not found this particular use anywhere;

here's the context:
Et se voir conférer une inscription d’hypothèque conventionnelle de 1er rang prise à la sûreté et garantie du remboursement de la Tranche 1 de l’emprunt et de la réalisation des obligations souscrites par l’Emprunteur, soit pour un montant total de EUR xx, majoré de 20% pour frais et accessoires, et intérêts, et pour une durée égale à la durée maximale de l’emprunt majoré d'un an, soit jusqu'au 30 juin 2020,


I have found à la sûreté en Proz
which means 'providing for a contingent fund guarantee'
but what does it means by added 'prise' ?
The same?

Thanks in advance!
Change log

Aug 11, 2014 22:12: AllegroTrans Created KOG entry

Discussion

Jackie Doble (asker) Aug 11, 2014:
UK English please!
AllegroTrans Aug 11, 2014:
Asker Which variety of EN do you need? UK and US term here are rather different
Jackie Doble (asker) Aug 8, 2014:
Thanks for the links Duncan (very useful), and thanks for your suggestions Tim and Phil
Duncan Moncrieff Aug 8, 2014:
Well in French law there is the distinction between the two isn't there..?
philgoddard Aug 8, 2014:
Tim06 You should post that as an answer. Or "guarantee repayment", but not both - the French is a tautology.
Duncan Moncrieff Aug 8, 2014:
If you read up on "le rang de hypothèques" I'm sure you increase your understanding.
E.g.:
http://bofip.impots.gouv.fr/bofip/1786-PGP.html
http://www.banque-info.com/fiches-pratiques-bancaires/l-hypo...
and more about sûretés:
http://bofip.impots.gouv.fr/bofip/3630-PGP.html

Shouldn't be too difficult to understand for someone who's worked in management consulting and finance.
Tim Webb Aug 8, 2014:
cf: A la sûreté du remboursement du surplus du prêt consenti par (la banque) au nouveau propriétaire (..), le nouveau propriétaire promet d’affecter et hypothéquer le bien objet de la présente vente à la première demande du prêteur

"A la sûreté du remboursement" simply means "to secure repayment"

Proposed translations

3 days 6 hrs
Selected

taken as security and collateral

Really this is a lawyer using 2 words where 1 is enough
However, I would replicate the duality in English, even though in the case of a mortgage the 2 words effectively mean the same

In lending agreements, collateral is a borrower's pledge of specific property to a lender, to secure repayment of a loan.[1][2] The collateral serves as protection for a lender against a borrower's default—that is, any borrower failing to pay the principal and interest under the terms of a loan obligation. If a borrower does default on a loan (due to insolvency or other event), that borrower forfeits (gives up) the property pledged as collateral, with the lender then becoming the owner of the collateral. In a typical mortgage loan transaction, for instance, the real estate being acquired with the help of the loan serves as collateral. Should the buyer fail to pay the loan under the mortgage loan agreement, the ownership of the real estate is transferred to the bank. The bank uses a legal process called foreclosure to obtain real estate from a borrower who defaults on a mortgage loan obligation. A pawnbroker is an easy and common example of a business that may accept a wide range of items rather than just dealing with cash.

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Note added at 3 days6 hrs (2014-08-11 16:57:48 GMT)
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A secured loan is a loan in which the borrower pledges some asset (e.g. a car or property) as collateral for the loan, which then becomes a secured debt owed to the creditor who gives the loan. The debt is thus secured against the collateral — in the event that the borrower defaults, the creditor takes possession of the asset used as collateral and may sell it to regain some or all of the amount originally loaned to the borrower, for example, foreclosure of a home. From the creditor's perspective this is a category of debt in which a lender has been granted a portion of the bundle of rights to specified property. If the sale of the collateral does not raise enough money to pay off the debt, the creditor can often obtain a deficiency judgment against the borrower for the remaining amount. The opposite of secured debt/loan is unsecured debt, which is not connected to any specific piece of property and instead the creditor may only satisfy the debt against the borrower rather than the borrower's collateral and the borrower. Generally speaking, secured debt may attract lower interest rates than unsecured debt due to the added security for the lender; however, credit history, ability to repay, and expected returns for the lender are also factors affecting rates.[1]
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4 KudoZ points awarded for this answer. Comment: "Thanks! "
2 days 12 hrs

taken as collateral to guarantee...

This avoids the problem of using synonymous nouns.
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