What is a Non-Possessory Lien?

Liens can be of two types: possessory and non-possessory. In non-possessory lien, the collateral is not physically possessed by the lending institution but its right on the collateral is recognized and protected by the law. The lender is allowed to repossess the asset upon payment default. 

For example, when banks or other financial institutions issue a loan that is secured by the real estate, the issuer does not physically possess the asset but its claim on the asset is established. The home is not in possession of the lending institution, but the institution has a lien on it. It is a legal right of ownership contingent to the fact that the debtor fails to repay his or her debt. If the debtor fails to repay the amount according to the stipulation, the lending institution can recover the debt amount by selling the property used as collateral.

How Do Possessory and Non-Possessory Liens Work?

In a possessory lien, the creditor physically holds the possession of the collateral. Pawn shops keep the collateral in their possession to give out loans to their customers. They physically hold the asset with themselves and if the customer fails to repay the loan, the pawn shop owner is allowed to sell the collateral to recover the amount. Non-possessory liens can be taken when a third-party has no other legal means of securing payment of a debt. For example, housing association may want to obtain a non-possessory lien against a home-owner to enforce payment of the assessment or other costs that the unit owner may be obligated to pay.

Related Topics

• Secured Transactions Law (Intro)
• What is a Security Interest?
• Collateral 
• Pledge as Collateral
• Collateralize
• Cross Collateralization
• After-Acquired Collateral
• Unsecured Loan Definition
  
• Unencumbered Asset
• What is a Secured Creditor?
• Unsecured Creditor
• What are the benefits of security interests for creditors?
• Limited Recourse Debt
• Uniform Commercial Code - Article 9
  
• What are the common types of security interest in real property (land)?
• What is a mortgage?
• How does a security interest protect the mortgage holder?
• Lis Pendens
• Deficiency Judgment
• What is a Deed of Trust or Security Deed?
• What is a Land Sale Contract?
• What is a security interest in personal property?
• How does one establish a security interest in personal property?
• What is Perfection of a security interest?
• What are the methods of perfecting a security interest in personal property?
• UCC-1 Statement
• How does one establish a security interest in real property (land)?
• Register of Deeds
• What is Automatic Perfection of a security interest?
• What is a Purchase Money Security Interest (PMSI) in consumer goods?
• What is a Purchase Money Grace Period for a PMSI in non-consumer goods?
• How does one continue perfection of a PMSI in non-consumer goods?
• What is Temporary Automatic Perfection in Proceeds from the sale of goods?
• How is a security interest created in Assignment of Accounts Receivable and Contract Rights?
• How does one perfect a security interest by Possession of the collateral?
• How does on perfect a security interest by Control of collateral?
• How does one perfect a security interest by Filing a Financing Statement?
• What authorization is required to file a financing statement?
• Where is the appropriate office to file a financing statement?
• Defeasance
• Continuation Statement
• What is Priority of a security interest?
• What role does perfection play in establishing the Priority of a secured party?
• What are the common conflicts arising as to priority of a security interest?
• What is the priority of parties secured by common law and statutory liens?
• Lien - Definition
• Blanket Lien Definition
• Unperfected Lien
• Possessory Lien 
• Non-Possessory Lien 
• Tax Lien
• Mechanics Lien Definition
• Construction Lien
• Cloud on Title
• What is the priority of a buyer of collateral that is subject to a security interest?
• What is required to be a buyer in the ordinary course of business?
• How does 9-320(b) protect consumers who purchase goods from other consumers?
• What is the Shelter Principle?
• What are the general Priority Rules for Conflicting security interests?
• Subordination Agreement
• Who has Priority in Proceeds from the sale of collateral?
• What is a secured party's priority in future advances to a debtor?
• What is the priority of a PMSI in goods (other than inventory and livestock)?
• What is the priority of a PMSI in inventory?
• What is the priority of conflicting PMSIs?
• What is the priority of security interests in fixtures?
• What is the scope of fixture priority rules?