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Let's consider an example. Credit transactions involving large ticket items, such as cars, homes or appliances, are usually secured. When I bought my new car, I borrowed money from my bank for my car loan. My loan is a secured transaction.
A secured transaction is an agreement between two parties in which one of the parties gives property (other than real estate) as collateral, or security, for a loan. There are two types of secured transactions.
Security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. Secured party is a lender, seller, or other person in whose favor a security interest exists.
Security Interest: An interest in personal property or fixtures -- i.e., improvements to real property -- which secures payment or performance of an obligation. Security Agreement: An agreement creating or memorializing a security interest granted by a debtor to a secured party.
In order for a security interest to be enforceable against the debtor and third parties, UCC Article 9 sets forth three requirements: Value must be provided in exchange for the collateral; the debtor must have rights in the collateral or the ability to convey rights in the collateral to a secured party; and either the ...
A lien is a claim or legal right against assets that are typically used as collateral to satisfy a debt. A creditor or a legal judgment could establish a lien. A lien serves to guarantee an underlying obligation, such as the repayment of a loan.
Security Interest: An interest in personal property or fixtures -- i.e., improvements to real property -- which secures payment or performance of an obligation. Security Agreement: An agreement creating or memorializing a security interest granted by a debtor to a secured party.
The UCC implemented provisions of Article 9 with regard to the "notice filing" approach under which an abbreviated notice is filed with the appropriate filing officer evidencing that a debtor and a secured party intend to engage in or have engaged in a secured transaction using specified collateral as security.