2. Creation of an Enforceable Security Interest Attachment Flashcards
1
Q
Attachment means that the security interest is
A
Enforceable
2
Q
The three requirements for attachment:
A
- VALUE must be given by creditor
- a CONTRACT, called the security agreement, must evidence the secured transaction unless the secured party has taken possession of the collateral
- RIGHTS in the collateral: Debtor must have rights in the collateral
3
Q
When must there be a security agreement?
A
If the debtor remains in possession of the collateral
4
Q
When required, the record must:
A
- Be authenticated by debtor (signed or electronically marked)
and
- Reasonable identify the collateral
5
Q
Are after-acquired collateral clauses” enforceable?
A
Yes