2. Creation of an Enforceable Security Interest Attachment Flashcards

1
Q

Attachment means that the security interest is

A

Enforceable

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2
Q

The three requirements for attachment:

A
  1. VALUE must be given by creditor
  2. a CONTRACT, called the security agreement, must evidence the secured transaction unless the secured party has taken possession of the collateral
  3. RIGHTS in the collateral: Debtor must have rights in the collateral
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3
Q

When must there be a security agreement?

A

If the debtor remains in possession of the collateral

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4
Q

When required, the record must:

A
  1. Be authenticated by debtor (signed or electronically marked)

and

  1. Reasonable identify the collateral
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5
Q

Are after-acquired collateral clauses” enforceable?

A

Yes

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