Kansas Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
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How to fill out Liquidation Agreement Regarding Debtor's Collateral In Satisfaction Of Indebtedness?
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FAQ
Certain types of collateral may or must be perfected by possession. Money, for example, must be perfected by possession of the secured party. A security interest in instruments, certificated securities, chattel paper, goods and negotiable documents may be perfected by possession.
The debtor must have some legal right in the collateral or ownership interest. This can be a present or future interest in the property. Sellers of durable goods (refrigerators, computers, etc) often extent credit on part or all of the purchase price of the goods.
A purchase money security interest (PMSI) is created when a seller or lender agrees to extend credit to a buyer for all or part of the purchase price of: consumer goods. The process by which a creditor may take possession of (and usually sell) collateral to satisfy an unpaid debt is called: foreclosure.
Possessory Collateral means any Shared Collateral in the possession of a Collateral Agent (or its agents or bailees), to the extent that possession thereof perfects a Lien thereon under the Uniform Commercial Code of any jurisdiction.
A possessory lien occurs when the lender retains physical possession of the underlying collateral during the term of the loan or agreement. The lender has the legal right to retain the collateral until the obligation is retired or other conditions are satisfied.
Secured creditors, often a bank or mortgage company, have a legal right to reclaim the property, such as a car or home, used as collateral for a loan, often through a lien or repossession.
A security interest is taken by a person who, by making advances or incurring an obligation, gives something of value that enables the debtor to acquire the rights in the collateral or to use it.
