Financing statements are sometimes filed prior to the security interest attachment. Creditors often prefer this approach, as it can prevent a lag between attachment and perfection.
A security agreement creates the security interest, making it enforceable between the secured party and the debtor. A UCC-1 financing statement neither creates a security interest nor does it alter its scope; it only gives notice of the security interest to third parties.
The financial statement serves a similar purpose as recording a deed for real property: registering debt with a state so other creditors and the government can track legitimate security interests in property.
A security agreement creates the security interest, making it enforceable between the secured party and the debtor. A UCC-1 financing statement neither creates a security interest nor does it alter its scope; it only gives notice of the security interest to third parties.
Examples of collateral documents are a security agreement, guarantee and collateral agreement, pledge agreement, deposit account control agreement, securities account control agreement, mortgage, and UCC-1s.
A collateral contract is a contract to enter into an future contract. Part of the consideration for the collateral contract is the promise to enter into the second contract. This is similar to a conditional contract whereby the consideration for one party is conditioned on the other party doing something.