EXPLAINING THE PATTERN OF SECURED CREDIT

Authors
Citation
Rj. Mann, EXPLAINING THE PATTERN OF SECURED CREDIT, Harvard law review, 110(3), 1997, pp. 625-683
Citations number
163
Categorie Soggetti
Law
Journal title
ISSN journal
0017811X
Volume
110
Issue
3
Year of publication
1997
Pages
625 - 683
Database
ISI
SICI code
0017-811X(1997)110:3<625:ETPOSC>2.0.ZU;2-L
Abstract
Granting collateral to secure loans is a prominent feature of the U.S. economy, but, surprisingly, we do not understand how borrowers and le nders decide whether to engage in a secured or an unsecured transactio n in this Article, Professor Mann argues that existing theories of sec ured lending are inadequate because the theories' predictions have not been tested against empirical data. To understand the actual pattern of secured credit, Professor Mann interviewed more than twenty borrowe rs and lenders in various sectors of the economy. Based on the evidenc e gathered in these interviews, as well as on preexisting empirical st udies, this Article develops a model of the borrower's decision to gra nt collateral that focuses on the borrower's perceptions of the costs and benefits of secured and unsecured transactions. Granting collatera l lowers the aggregate costs of a lending transaction by lowering the pre-loan perception of the risk of default. Secured credit can do this not only by increasing the lender's ability to collect the debt forci bly through liquidation of the collateral, but also in less direct way s: by decreasing the borrower's ability to obtain subsequent loans; by increasing the lender's leverage over the borrower's activities; and by repairing the loan-induced differentiation of the incentives of the borrower and the lender. Conversely a grant of collateral can increas e the costs of a lending transaction by increasing the costs of enteri ng the transaction as well as the costs of administering the loan. in the Article's final section, Professor Mann uses the decision-bared mo del to erp[ain three separate aspects of the Pattern of secured credit : the relatively infrequent use of secured credit by companies with st rong financial records, the relation between the use of collateral and the duration of the debt, and the apparently low rate of retention of security interests by suppliers.