There are two primary types of debt: secured and unsecured. The easiest way to understand whether or not you have secured or unsecured debt is to determine whether or not a creditor can take away an object or your property in the event that you suddenly become unable to make payments on the account.
If a creditor can take away tangible property or another item that is somehow attached to the debt, then that is a secured debt. If nothing can be taken from you if you stop making your payments, then that is considered an unsecured debt.
Unsecured debts are usually credit cards, unless you happen to get one of the handful of secured cards available on the market. A secured credit card can be a prepaid card (secured by the amount of your actual deposit), or a card that is secured by some other property or object. Medical bills are also considered an unsecured debt- as you did not have to put up an item as collateral in order to obtain the debt.
Secured debts are commonly large ticket items like mortgages and cars. If you fail to keep up with your mortgage payments, then the bank or mortgage lender can take your home as payment. If you don't keep up with your car payments, the lender of your vehicle loan will repossess your car.
Once you own a home and build equity, you are able to take loans out on the equity you've built. These equity loans are secured debts because they use your home as collateral. If you are unable to pay for your home equity loan, they'll just take your house to pay for it!
When the Type of Debt Matters
If you are unable to keep up with your expenses and bill payments for one reason or another, the type of debts that you have will make a big difference if you end up having to file for bankruptcy. Most unsecured debts can be eliminated under a Chapter 7 bankruptcy, while secured debts may have to be sold in order to obtain money to pay off other debts before the consumer is eligible to file for bankruptcy.
Good Debt Vs Bad Debt
Believe it or not, not all debt is considered “bad”. It's a lot like cholesterol in the body- some of it is actually considered “good”! Good debts are those that are used to help build wealth. A mortgage can be seen as a good debt, since the debt has given you the value of the home, and houses increase in value in many cases.
Bad debts are debts that depreciate in value after you've purchased them, or purchases for disposable items. Bad debt is typically created by credit cards that are not used wisely or carefully. Personal debt for Americans is on the increase, and credit has actually become easier to obtain than it was in previous years. At one time, credit card issuers looked for customers with strong credit scores, and a proven track record of making payments on time to lend money to; now, it's almost the opposite! Some credit card companies allow people who are likely to charge more than they can reasonable afford to pay, so that they can charge interest rates of 18%, 20% or higher on the balances, not to mention over the limit fees, late payments or finance charges.
While “bad” debt should be avoided whenever possible, it's a good idea to keep access to credit cards or loans of some kind, for emergency purposes.
Secured Debt Unsecured Debt
How does a secured debt differ from an unsecured debt? As the name suggests, a secured debt uses a form of security for the money owed. The security may be real estate property such as a home or a lot. The borrower signs a contract that agrees to surrender this property in case he fails to pay off his dues. Thus, the security or collateral serves as protection for the creditor against the risk of default. The most common examples of secured debts are car loans and mortgage loans.
On the other hand, with an unsecured debt, the borrower is not required to submit any form of security or collateral to his creditor. The creditor will grant a loan approval solely based on the borrower's credit history. An unsecured debt has a higher interest rate than secured debt because it puts a higher risk for the lender. Usually, credit cards, department store cards, and other similar debts are unsecured because they are not tied up to any property.
How does your type of debt affect bankruptcy? If you're filing Chapter 7 Bankruptcy, the borrower has the option to choose whether he wants to keep his property and pay his creditors instead or surrender his property as payment for his debts.
In Chapter 13 Bankruptcy, the borrower is allowed to keep his property provided that he agrees to pay back all his debts to his creditors. The borrower will then be subjected to new payment terms that will be arrange by his lender. The bankruptcy court allows lenders to charge up to a 10% interest rate to give the borrower the chance to pay back more easily. If the borrower was paying a 15% interest on his loan before filing for bankruptcy, the 5% less interest will be a tremendous ease to his load. Moreover, if the borrower's debts are less than the value of the property he submitted as security, he has the option to make repayments without any interest.
With an unsecured debt, if an individual has already filed for bankruptcy, the creditor will have to stop all its attempts to collect debts from the borrower as the ordered by the bankruptcy court.
In some cases, the lender can file a petition to the bankruptcy court if there is any dispute about the type of debt owed. If the bankruptcy court denies this petition and declares that the debts are unsecured, the lender must stop taking any action against the borrower. If the lender violates this rule, he will be facing punishment from the bankruptcy court.
Clearly, understanding the type of your debts plays is very important. As the borrower, it protects you from any violation from your lenders and it knowing what your options are, will enable you to decide more efficiently with regards to your debts especially when financial difficulties arise.
Both Debbie Dragon & are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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