Secured Transactions Flashcards
what is attachment? how does it work?
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
what kind of SI can be attached by control
usually bank loans
what is perfection
holder of SI puts the world on notice that SI exists; will have superior rights
how is SI perfected
- filing statement at central filing location
- possession
- control
- automatic
- temporary
inventory
goods had for sale or lease and supplies/materials quickly used up in business
special perfection rules
- vehicles - perfected by notation on title (dealers exception = perfect by filing)
- things attached to land - perfected with filing statement that describe land and filed in county where land located
- most things can be perfected by possession
- business deposit accounts must be perfected by control
- PMSI in consumer good automatically perfected
consumer good
good used or bought for personal or household purposes
equipment
used for businesses; catch all
farm products
farming stuff for farmers
instruments
paper representing right to be paid
What is seller PMSI? Creditor PMSI
seller - sale + SI in item
creditor - loan for item + used + SI in item
documents
right to receive goods (receipts)
accounts
right to payment for property sold or services (accounts receivable)
elements of written security agreement
- record
- signed by debtor
- describing collateral (reasonably identify)
temporary perfection of proceeds
secured party will automatically take proceeds for 20 days
priority in proceeds
perfected SI in proceeds have same date of priority as original collateral