ENCUMBERED SECURITIES

Securities one entity owns although subject to a legal claim by another entity. When an entity borrows from one another, legal claim on the securities the borrower has can be taken as security by the lender in the event the borrower defaults on its obligation. The owner of securities still has the title of the securities. However, the claim or lien is still on record. In case these are sold, the party with the legal claim must be paid back first. In some instances, these securities cannot be sold until the owner settles any outstanding debts to the lender who has claim on the securities.