How does a secured creditor collect funds?

A secured creditor is a lender that holds a lien against a debtor’s property or other assets. When a debtor defaults on a loan or other agreement, such as a mortgage or auto loan, a secured creditor collects money from the debtor’s assets in order to pay off the debt. In California, a secured creditor can collect funds through a process called foreclosure. This process occurs when a lender takes possession and ownership of a borrower’s property because they have defaulted on a loan. The lender must then auction or sell the property to pay back the loan. The California Code of Civil Procedure outlines the steps a secured creditor must take in order to foreclose, including providing notice of an intended foreclosure and giving the borrower an opportunity to work something out with the lender. A secured creditor may also be eligible to take other forms of legal action, such as filing a writ of execution against the debtor’s wages or bank account to collect funds. These funds are then applied to the unpaid debt. Finally, a secured creditor may collect funds through a lawsuit, during which a court may decide that the borrower must pay a certain sum of money.

Related FAQs

What is validation of debt?
What is an oral contract?
What is a reaffirmation agreement?
What is a debt settlement?
What is the statute of limitations for filing a lawsuit?
What is a non-dischargeable debt?
What is a levy?
What are the legal rights and obligations of debtors and creditors?
What is a promissory estoppel?
What is a temporary restraining order?

Related Blog Posts

What Is Debtor and Creditor Law and What Does it Entail? - July 31, 2023
Debtor and Creditor Rights: A Guide to Your Legal Protections - August 7, 2023
Debtor and Creditor Obligations: Understanding Your Roles - August 14, 2023
What Are the Common Types of Creditor Claims? - August 21, 2023
When Can Creditors Legally Take Possession of Your Property? - August 28, 2023