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Interest in someone else's property, created by contract or by law. A mortgage is one type of security interest created by contract. A garnishment is one type of security interest created by law. See Collateral and Secured transaction.
A secured party can perfect a security interest by filing a financing statement with the appropriate state or local office. (3) a description of the collateral by item or type. All of the foregoing information must be accurate, otherwise the filing will not perfect the creditor's security interest.
A security interest means that if you don't make the mortgage payments as agreed, or if you break your agreement with the lender, the lender can take your home and sell it to pay off the loan. You give the lender this right when you sign your closing forms.
In most commercial cases, creation of the security interest is a fairly easy requirement to meet. The creditor must obtain a signed security agreement which describes the debt and states that debt is secured by the collateral. A specimen security agreement is appended to this outline.
There are three requirements for attachment: (1) the secured party gives value; (2) the debtor has rights in the collateral or the power to transfer rights in it to the secured party; (3) the parties have a security agreement ?authenticated? (signed) by the debtor, or the creditor has possession of the collateral.