Tagatisvõlausaldajad

Tagatisvõlausaldajad, often translated as secured creditors, are entities that hold a security interest in specific assets of a debtor. This security interest, typically established through a pledge or mortgage, provides the creditor with the right to seize and sell the pledged asset if the debtor defaults on their loan obligations. This protection distinguishes them from unsecured creditors, who have no specific collateral backing their claims.

The existence of collateral significantly strengthens the position of a tagatisvõlausaldaja. In cases of insolvency or bankruptcy, secured creditors are generally paid from the proceeds of the sale of their collateral before unsecured creditors receive any distribution. This priority ensures a higher likelihood of recovering their funds. Common examples of secured creditors include banks that hold mortgages on real estate or auto loans secured by vehicles. The specific rights and procedures for realizing security interests are governed by the laws of the jurisdiction. This may involve court proceedings or out-of-court enforcement mechanisms, depending on the nature of the collateral and the loan agreement.