Secured Transactions Flashcards
A security interest that has attached to specific collateral generally may be enforced against a debtor upon
default of debtor
Attachment definition: a security interest is enforceable if
it has attached to collateral
Requisites for Security Interest to attach to collateral
1) given VALUE,
2debtor has RIGHTS in collateral,
3) debtor has AUTHENTICATED a security agreement that describes the collateral
OR secured party has POSSESSION of collateral pursuant to security agreement
Security agreement must be ___ before it can be enforced
authenticated by party against whom it may be enforced (debtor)
Perfection definition:
Perfection protects a secured party from competing creditors
Proocess of perfecting
1) possessing collateral
2) auto perfection of PMSI in consumer goods
3) filing UCC-1 filing statement
UCC financing statement is required to contain
1) debtor’s name
2) name of secured party or a representative of the secured party
3) collateral covered by the financing statement
Categories of Collateral
1) Tangible goods
2) intangible/semi intangible collateral
3) Determination
Types of Tangible Goods
Consumer goods;
Equipment;
Inventory;
Farm products;
Fixtures
Intaginble or semi intangible collateral examples
patents, stocks, proceeds from sale of collateral, accounts, promissory notes, drafts
Which goods do a Security Interest Apply to?
The collateral the debtor owns at time security is granted and to collateral debtor acquires in future
Law that Priority of creditor is governed by
Article 9
Who has priority when two or more perfected secured parties w same rights to collateral
whoever files or perfects first has priority
A pruchase money security interest exists w these two types of collateral
1) goods
2) software
A PMSI exists in goods that
i) loan given to debtor to enable debtor to acquire rights in or use of goods and value given was so used; or
ii) a secured party sold goods to debtor and debtor incurs obligation to pay security party all or part of purchase price (ie sale of goods on credit)
IF secured party perfects before or within 20 days after debtor receives possession of collateral a PMSI in goods other than inventory or livestock prevails over
all other security interests in collateral, even if they were previously
Knowledge by purchase money secured party of conflicting prior security interest
does not prevent priority of PMSI over earlier perfected security interest
General creditor
One who has a claim, including judgement, but has no lien or security interest w resepct to property in question
A secured party will always prevail over a
general creditor
Agricultural lien is an interest in
farm products such as crops or livestock that secures payment for either goods or services w respect to debtor’s farming operation or rent on real property leased in connection w a farming operation
Right to redeem collateral is held by
debtor, secondary obligor or any other secured party
To redeem collateral, redeemer/debtor must
pay off the loan in full and can reclaim its property.
fulfill all obligations secured by collateral and reasonable expenses, including attorney’s fees, incurred by the secured party in retaking collateral or preparing for its disposition