Security Interest Flashcards

1
Q

Purchase Money Security Interest (PMSI)

A

2 kinds

  1. Secured party sells debtor collateral on credit and retains a security interest in the item sold.
    - or-
  2. A loan to a debtor that enables debtor to buy specific collateral, and creditor takes a security interest in that specific collateral

Note: Credit or loan must ACTUALLY be used to acquire the collateral

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2
Q

Scope of Security Interest

A
  1. Debt secured may include future advances
  2. Property secured may include after-acquired property
  3. Property secured generally includes proceeds of collateral (upon sale, exchange, collection, or other disposition of collateral or proceeds)
  4. Attachment of a security interest in collateral is also an attachment in a supporting obligation for that collateral (ex. a surety)
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3
Q

Non-purchase money security interest

A

a debt is secured by property you already owned when you made the loan.

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4
Q

Secured party vs. statutory lien claimants

A

Statutory lien wins even against a perfected security interest. (e.g. a mechanics lien)

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