Glossary entry (derived from question below)
French term or phrase:
pénalités de rupture d\'adossement
English translation:
penalties for loss of coverage by collaterals
Added to glossary by
EirTranslations
Jun 7, 2015 05:35
8 yrs ago
1 viewer *
French term
pénalités de rupture d'adossement
French to English
Bus/Financial
Finance (general)
please see below thanks for a loan / mortgage
Il résulte de cet acte et des documents y annexés que la créance de la xxx xxx) envers l'Emprunteur s'élevait à cette date à la somme globale de xxx (€ xxx) en principal, intérêts échus prorata temporis, pénalités de rupture d'adossement et échéance d'intérêts impayée, s'appliquant
Il résulte de cet acte et des documents y annexés que la créance de la xxx xxx) envers l'Emprunteur s'élevait à cette date à la somme globale de xxx (€ xxx) en principal, intérêts échus prorata temporis, pénalités de rupture d'adossement et échéance d'intérêts impayée, s'appliquant
Proposed translations
(English)
4 +1 | penalties for loss of coverage by collaterals | Daryo |
4 -1 | penalties for additional collateral | Francois Boye |
3 -1 | penalties for breach of endorsement | Nikki Scott-Despaigne |
Change log
Jun 7, 2015 09:06: writeaway changed "Field (specific)" from "Law (general)" to "Finance (general)"
Proposed translations
+1
4 hrs
Selected
penalties for loss of coverage by collaterals
what is covered is the risk of non-payment
CL5 regarding the meaning:
the value of the collateral dropped at some point (for example: the property marked crashed) and the value of the building given as collateral for the loan became too small to guaranty the repayment of the loan in case of default. IOW what was a secured loan became to some extent an unsecured loan, lenders are getting nervous and want more money [=pénalités de rupture d'adossement] to cover for the increased risk.
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Note added at 7 hrs (2015-06-07 12:40:10 GMT)
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Here "adossement" means "adossement de la créance", it's literally:
"penalties for loss of backing"
as the loan is no longer backed by an appropriate collateral
CL5 regarding the meaning:
the value of the collateral dropped at some point (for example: the property marked crashed) and the value of the building given as collateral for the loan became too small to guaranty the repayment of the loan in case of default. IOW what was a secured loan became to some extent an unsecured loan, lenders are getting nervous and want more money [=pénalités de rupture d'adossement] to cover for the increased risk.
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Note added at 7 hrs (2015-06-07 12:40:10 GMT)
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Here "adossement" means "adossement de la créance", it's literally:
"penalties for loss of backing"
as the loan is no longer backed by an appropriate collateral
4 KudoZ points awarded for this answer.
Comment: "thx"
-1
7 hrs
penalties for additional collateral
additional collateral is necessary if and only if the first collateral does not provide protection from risk
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Note added at 7 hrs (2015-06-07 13:20:07 GMT)
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ERRATUM: penalties IN CASE OF instead of penalties FOR
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Note added at 7 hrs (2015-06-07 13:20:07 GMT)
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ERRATUM: penalties IN CASE OF instead of penalties FOR
Peer comment(s):
disagree |
Daryo
: where do you see any hint of any additional collateral??? Sure, the lender will want some additional collateral, but that's not the term to translate - the term is about the loss of value of the initial collateral
4 hrs
|
Additional collateral is called when the collateral is inadequate to cover risk.
|
-1
4 hrs
penalties for breach of endorsement
penalties for breach of endorsement (warranties)???
You need to check this against your overall context, search VO sources and cross-check meaning. I'm busy today but this may help you get started.
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Note added at 10 hrs (2015-06-07 15:57:31 GMT)
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On breach of endorsement warranties and mortgage. You may find useful parallels here... or not... with reagrds to your more complete context.
https://www.lawinsider.com/clause/remedies-for-breach-of-rep...
http://www.leagle.com/decision/19931772865SW2d907_11762.xml/...
https://casetext.com/case/airvac-v-ranger-insurance-company?...
"A breach of warranty endorsement is a clause which creates a new contract, creating the relationship of insurer and insured between the insurer and the lienholder, so that the policy is not subject to forfeiture because of any act or omission of the mortgagor, whether before or after the issuance of the policy.2 Thus, the purpose of the policy is to protect the lienholder regardless of whether the mortgagor is entitled *180180 to collect under the "main" policy of insurance.
2.
National Cas. Co v. General Motors Accept. Corp., 161 So.2d 848 (Fla.App. 1964); Martin v. Sun Ins. Office, 83 Fla. 325, 91 So. 363 (1922); Fire Ass'n v. Evansville Brewing Ass'n, 73 Fla. 904, 75 So. 196 (1917)."
You need to check this against your overall context, search VO sources and cross-check meaning. I'm busy today but this may help you get started.
--------------------------------------------------
Note added at 10 hrs (2015-06-07 15:57:31 GMT)
--------------------------------------------------
On breach of endorsement warranties and mortgage. You may find useful parallels here... or not... with reagrds to your more complete context.
https://www.lawinsider.com/clause/remedies-for-breach-of-rep...
http://www.leagle.com/decision/19931772865SW2d907_11762.xml/...
https://casetext.com/case/airvac-v-ranger-insurance-company?...
"A breach of warranty endorsement is a clause which creates a new contract, creating the relationship of insurer and insured between the insurer and the lienholder, so that the policy is not subject to forfeiture because of any act or omission of the mortgagor, whether before or after the issuance of the policy.2 Thus, the purpose of the policy is to protect the lienholder regardless of whether the mortgagor is entitled *180180 to collect under the "main" policy of insurance.
2.
National Cas. Co v. General Motors Accept. Corp., 161 So.2d 848 (Fla.App. 1964); Martin v. Sun Ins. Office, 83 Fla. 325, 91 So. 363 (1922); Fire Ass'n v. Evansville Brewing Ass'n, 73 Fla. 904, 75 So. 196 (1917)."
Peer comment(s):
disagree |
Daryo
: the "endorsement"/"warranty" here are collaterals given to guaranty the repayment of a loan // this ST is not about any insurance policy.
44 mins
|
Discussion
This property is a collateral for the loan.
Some time after contracting the loan, the value of the property drops to 6m (market crash, some nasty factory built next door, whatever), so this mortgage is no longer enough to guaranty the repayment of the loan in case of default IOW the loan is no longer covered by this collateral.
might be some other technical term for this, but that's the short version of the reason for "pénalités de rupture d'adossement":
what was initially a secured loan has turned into much riskier (partially or totally) unsecured loan [this loan is no longer backed-up by a collateral, as the collateral has lost its value, or is simply gone - destroyed, sold ...], so the lender wants compensation for the additional risk.