Collateral - Law Dictionary Search Results
Home Dictionary Name: collateralCollateral
Collateral, indirect, sideways, that which hangs by the side; applied in several ways, thus:--collateral assurance, that which is made over and above the deed itself; collateral consanguinity or kindred, which descend from the same stock or ancestor as the lineal relation, but do not descend one from the other, as the issue of two sons; collateral issue, where a criminal convict pleads any matter allowed by law, in bar of execution, as pregnancy, pardon, an act of grace, or diversity of person, viz., that he or she is not the same that was attained, etc., the issue upon which when taken is tried by a jury instanter; collateral security, where a deed is made of other property, besides that already mortgaged, for the better safety of the mortgagee (see Re Athill, (1880) 16 Ch D 211) or a bill of exchange given, or pledge deposited to secure a pre-existing debt; and collateral contract, where a contract by word of mouth co-exists [see e.g., Morgan v. Griffiths, (1871) LR 6 Ex 70; De Lassa...
collateral
collateral 1 a : accompanying as a secondary fact, activity, or agency but subordinate to a main consideration b : not directly relevant or material [a evidentiary matter] [a issue] 2 : belonging to the same ancestral stock but not in a direct line of descent compare lineal 3 a : of, relating to, or being collateral used as a security (as for payment of a debt) b : secured by collateral [a loan] col·lat·er·al·ly adj n 1 : a collateral relative 2 : property pledged by a borrower to protect the interests of the lender in the event of the borrower's default ;specif under Article 9 of the Uniform Commercial Code : property subject to a security interest ...
collateralize
collateralize -ized -iz·ing 1 : to make (a loan) secure with collateral 2 : to use (as securities) for collateral ...
cross-collateralize
cross-collateralize -ized -iz·ing : to secure (a preexisting debt) with cross-collateral cross-collateralization n ...
Collateral or incidental issue
Collateral or incidental issue, a collateral or incidental issue is one that is ancillary to a direct and substantive issue; the former is an auxiliary issue and the latter the principal issue. The expression 'collaterally or incidentally' in issue implies that there is another matter which is 'directly and substantially' in issue, Sajjadanashin Sayed Md. B.E Edr v. Musa Dadabhai Ummer, (2000) 3 SCC 350: AIR 2000 SC 1238 (1243). [Civil Procedure Code 1908, s. 11]...
Collateral warrants
Collateral warrants, abolished by the (English) Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74), s. 14, was where the heir's title to the land neither was, nor could have been, derived from the warranting ancestor, as where a younger brother released to his father's disseisor with warranty, this was collateral to the elder brother. The whole doctrine of collateral warranty is repugnant to justice; and even its technical grounds are so obscure that the ablest legal writers are not agreed upon the subject, Wright's Tenures, 168; Gilbert's Tenures, 143....
collateralized mortgage obligation
collateralized mortgage obligation : a bond collateralized by a pool of mortgage obligations or pass-through securities and paid according to the maturity and amortization schedule of its class and not directly from the underlying obligations called also CMO see also remic compare pass-through security at security, tranche ...
cross-collateral
cross-collateral : collateral given to secure preexisting unsecured debt in return for new loans ...
Collateral advantage
Collateral advantage, is a provision giving the mortgagee a benefit over and above the repayment of the advance, with interest. To be invalid, such a benefit must form part of the mortgage transaction; if the advantage arises out of a separate arrangement then it may be enforced even after redemption. Whether a provision giving rise to the collateral advantage is part of mortgage transaction, or is separate from it, is a question of substance rather than form, Kreglinger v. New Patagonia Meat and Cold storage Co. Ltd., (1914) AC 25 HL....
cash collateral
cash collateral : cash or cash equivalents (as negotiable instruments, securities, and documents of title) as specified in section 363 of chapter 11 of the Bankruptcy Code in which both the estate and another entity have an interest see also Bankruptcy Code in the Important Laws section ...
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