Secured Transactions Flashcards
To spot a secured transaction, look for
1) a credit transaction and
(2) an agreement that creates a lien in favor of the creditor in the debtor’s personal property to secure the debt.
secured party
the creditor, lender, or seller
security interest
an interest in personal property or fixtures that
secures payment or performance of an obligation.
collateral
property subject to a security interest
Purchase Money Security Interest (PMSI)
- The secured party sells the goods to the debtor on credit and retains a security interest in the goods sold, or
- The creditor loans the funds to the debtor to enable the debtor to buy specific collateral, those funds are used by the debtor to acquire the specific collateral, and the creditor takes a security interest in that collateral.
Three Requirements for a Secured Transaction
Attachment
Perfection
Financing Statement
Goods
include all things which are movable at the time the security interest attaches
consumer goods
goods used or bought primarily for personal,
family, or household purposes
equipment
goods that are used or bought for use in a business.
farm products
crops or livestock or supplies used or produced
in farming operations or products of crops or livestock in their unmanufactured states if they are in the possession of a debtor engaged in farming operations
inventory
goods held for sale or lease, goods that are to be furnished under service contracts, and materials used or consumed in a business in a short period of time
instruments
Pieces of paper representing the right to be paid
money, like promissory notes, drafts (for example, checks), and certificates of deposit
documents
A document that represents the right to receive
goods (for example, a bill of lading, a warehouse receipt)
chattelpaper
A record or records which evidence both (1) a monetary obligation, and (2) a security interest in or a lease of specific goods.
investment property
Includes items such as stocks, bonds, mu-
tual funds, and brokerage accounts containing such items
accounts
Includes a right to payment (that is not evidenced by an instrument or chattel paper) for property sold or services rendered.
deposit accounts
An account maintained with a bank. (but only business accounts)
commercial tort claims
A tort claim where (1) the claimant is an organization or (2) the claimant is an individual, the claim arose out of the claimant’s business or profession, and the claim does not include damages for personal injury or the death of an individual
general intangibles
Any personal property not coming within the scope of the other definitions, such as patent and trademark rights, copyrights, and goodwill.
catch all catageory for consumer goods?
equipment
Three Requirements for Attachment
- agreement to create the security interest (security agreement),
- Value must be given by the secured party, and
- The debtor must have rights in the collateral
Evidence a security agreement has been created (3)
1) the creditor taking possession of the collateral, (2) an authenticated security agreement,
(3) the creditor taking control of nonconsumer deposit accounts, electronic chattel paper, and
investment property
The Security Agreement must be evidenced by a ______ and must show ______
- record (writing)
- intent to create a security interest
A security agreement be _____
Authenticated.
must be signed by the debtor. any symbol made with intent to authenticate will work (even an X or an emoji)