Perfection by Filing Flashcards

1
Q

Financing Statement

A

Must be authorized (signed) by debtor, give names and addresses of secured party AND debtor AND indicate collateral.

debtor may file unsigned financing statement if security interest was signed.

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2
Q

Name if Debtor is an Individual

A

Individuals correct name.

errors will not be fatal if financing statement will be found in computerized search under correct name.

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3
Q

Name if Debtor is a Corporation

A

Must be Correct Corporate Name.

Trade name = insufficient

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4
Q

Improperly Filed Financing Statement

A

Security Interest is not perfected, however, security interest is still effective against debtor so long as it has attached, but not effective against additional creditors

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5
Q

Filing in Correct Place

A

Financing statment will be ineffective if filed in wrong place,

Must be filed with Secretary of State.

IF FIXTURE FILING: must be filed with Real Estate Records in county where realty is located.

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6
Q

Correctly Indicate Collateral

A

Financing statement can indicate collateral by “item” or “type”

Description in financing statement MUST match security agreement AND actual collateral.

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7
Q

Supergeneric Term

A

Financing statment may describe collateral in supergeneric terms HOWEVER security agreement CANNOT

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8
Q

After Acquired Language in Financing Statement

A

After Acquired Language does not have to be in financing statement.

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