Secured Transactions Flashcards

1
Q

what is attachment? how does it work?

A

creating a valid security interest in collateral. need:
1. agreement
2. value by creditor
3. debtor right in collateral

note: can also get SI to attach if no agreement through
1. possession & control

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2
Q

what kind of SI can be attached by control

A

usually bank loans

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3
Q

what is perfection

A

holder of SI puts the world on notice that SI exists; will have superior rights

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4
Q

how is SI perfected

A
  1. filing statement at central filing location
  2. possession
  3. control
  4. automatic
  5. temporary
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5
Q

inventory

A

goods had for sale or lease and supplies/materials quickly used up in business

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6
Q

special perfection rules

A
  1. vehicles - perfected by notation on title (dealers exception = perfect by filing)
  2. things attached to land - perfected with filing statement that describe land and filed in county where land located
  3. most things can be perfected by possession
  4. business deposit accounts must be perfected by control
  5. PMSI in consumer good automatically perfected
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7
Q

consumer good

A

good used or bought for personal or household purposes

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8
Q

equipment

A

used for businesses; catch all

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9
Q

farm products

A

farming stuff for farmers

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10
Q

instruments

A

paper representing right to be paid

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11
Q

What is seller PMSI? Creditor PMSI

A

seller - sale + SI in item

creditor - loan for item + used + SI in item

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12
Q

documents

A

right to receive goods (receipts)

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13
Q

accounts

A

right to payment for property sold or services (accounts receivable)

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14
Q

elements of written security agreement

A
  1. record
  2. signed by debtor
  3. describing collateral (reasonably identify)
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15
Q

temporary perfection of proceeds

A

secured party will automatically take proceeds for 20 days

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16
Q

priority in proceeds

A

perfected SI in proceeds have same date of priority as original collateral

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17
Q

what happens to perfection if debtor moves or changes name

A

effective within 4 months, after need to refile

18
Q

perfection by possession

A

perfected moment of possession and continues as long as retained

must be tangible

19
Q

What is needed to perfect upon filing financial statement

A

secured name

debtors (license or registered org name NOT trade name) and

description of the collateral (can be generic)

20
Q

will minor error affect filing statement

A

no but if would not be discovered
in a filing office search -> major error and no perfection

note. error by filing office does not impact

21
Q

how can secured take control to perfect

A

bank auto has control over deposit account

if not bank, put in name or control agreement

22
Q

how long does perfection last

A

every 5 years need to file a continuation statement

23
Q

need secured party file termination statement

A

not unless on demand of debtor, then 20 days

if consumer goods, must file within 1 month

24
Q

perfected secured v perfected secured

A

first to file or perfect wins

25
Q

buyer in the ordinary course of business

A

good faith, without knowledge that sale violates rights of another person, and seller is in the business of selling goods of the kind purchased

26
Q

pmsi v pmsi

A

seller pmsi over lender pmsi; otherwise first file or perfect

27
Q

pmsi v non-pmsi

A

pmsi wins

28
Q

perfected secured vs perfected unsecured

A

perfected secured

29
Q

perfected security v other creditors

A

perfected security wins

30
Q

consumer to consumer exception in sale of goods (garage sale exception)

A

buyer takes free of SI even if perfected if buyer buys
without knowdlege
for value
for personal use
before filing statement

31
Q

secured party v buyer

if authorized? not authorized but in the ordinary course of business?

A

if authorize -> free of SI
- implied authorization by quick selling goods

if no authorize -> buyer in ordinary course of business takes free of nonposessory SI in goods created by buyer’s seller

TEST: authorization? BIOC? If no -> secured party wins

32
Q

secured party v. statutory lien

A

statutory lien wins if has goods

33
Q

secured party v. judicial lien

A

first in time (levy v. perfection)

34
Q

accession

A

goods physically united with another but identifiable

perfection upon attachment to the thing
priority follows general rules
exception: accession < whole vehicle

35
Q

fixture. How perfected?

A

good so related to real property that interest in real property

perfected by filing in county

perfected fixture interest>perfected real estate interest

36
Q

rights on default

A

Si can sell collateral use use funds to pay sale if every part of sale is reasonable (notice, timeliness, price)

OR

can self-help as long as no breach of peace (physical presence + objection is enough)

37
Q

when does PMSI take super priority

A

goods in things not inventory: priority if perfected before or within 20 days after received

goods in inventory: priority if perfected at time debtor gets possession and authenticated notification to other secured parties of the PMSIw

38
Q

what form of perfection is supreme

A

control has priority

best - co-owner -> maintain deposit account -> control agreement

39
Q

how to know what collateral is when commingled

A

Lowest intermediate balance rule

time b/w collateral deposited and now

40
Q

what is needed for strict foreclosure (maintain collateral for debt)

A

secured party must send proposal to secured parties

debtors consent

if no permission -> sale

41
Q

does debtor have right to redeem

A

yes, may redeem under acceleration clause and tender full balance