UCC 9 Secured Transactions Flashcards
1
Q
Perfected security interest
A
- Attachment is the process creating a security interest
- secured party gives value;
- the debtor has rights in the collateral
- the debtor has authenticated (signed agreement that sufficiently describes collateral) - Perfection gives notice to world
> filing finance statement
- automatic PMSI consumer goods
2
Q
Perfection necessary for ?
A
Priority Purposes
3
Q
Priority Rights
A
First in time - first in rights
4
Q
Payment
A
A default occurs when the debtor fails to tender an obligation when due
- Upon default, a secured party may reduce a claim to judgment, foreclose, or otherwise enforce the claim
- Collateral = accounts receivable, the security party may notify to make payment to the secured party
- Notification must be authenticated by the secured party or the debtor and reasonably identify the rights (signed document)
5
Q
Payment directly to debtor after notification
A
NO - must be to secured party
6
Q
BIOCOB
A
Buyer not subject to if:
- good faith
- No knowledge
- Ord Course from Biz of Selling same goods
7
Q
BIOCOB - Garage sale Exceptin
A
- Consumer Goods for personal use
- NO knowledge
- For Value
- Before Financing statement filed - BUT Consumer goods - doesn’t have to be filed to perfect –so usually not