Maine Security Agreement in Accounts and Contract Rights

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US-01730BG
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Description

A secured transaction is created when a buyer or borrower (debtor) grants a seller or lender (creditor or secured party) a security interest in personal property (collateral). A security interest allows a creditor to repossess and sell the collateral if a debtor fails to pay a secured debt.


A secured transaction involves a sale on credit or lending money where a creditor is unwilling to accept the promise of a debtor to pay an obligation without some sort of collateral. The creditor requires the debtor to secure the obligation with collateral so that if the debtor does not pay as promised, the creditor can take the collateral, sell it, and apply the proceeds against the unpaid obligation of the debtor. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The property that is subject to the security interest is called the collateral. The party holding the security interest is called the secured party.

Maine Security Agreement in Accounts and Contract Rights is a legal document designed to secure the repayment of a debt by granting a security interest in a borrower's accounts and contract rights to a lender. This agreement is commonly used in commercial transactions and serves as a safeguard for lenders to ensure repayment in case of default. In a Maine Security Agreement in Accounts, the borrower pledges their accounts receivable as collateral for the loan. The lender has the right to collect payments directly from the borrower's customers if the borrower fails to meet their repayment obligations. Accounts can include outstanding invoices, customer payments, loans, and other forms of payment owed to the borrower. In the case of a Maine Security Agreement in Contract Rights, the borrower pledges their contractual rights as collateral. This means that if the borrower defaults on the loan, the lender can step in and assume the borrower's position in the contract. The lender can then directly enforce the borrower's rights, receive payments, and potentially incur any obligations related to the contract. These agreements provide lenders with a means to secure their investments and reduce the risk associated with lending. They allow lenders to have an additional layer of protection against potential losses by obtaining a legal claim on the borrower's assets. Maine Security Agreement in Accounts and Contract Rights is typically utilized in business financing, factoring arrangements, and other commercial transactions where accounts receivable and contract rights hold significant value. It's important for lenders and borrowers to carefully review and negotiate the terms of the agreement to ensure both parties' rights and obligations are clearly defined and protected. Lenders should conduct thorough due diligence to assess the value and quality of the borrower's accounts and contract rights before entering into an agreement. Borrowers should understand the potential consequences of default and ensure their ability to meet the repayment obligations outlined in the agreement. In conclusion, the Maine Security Agreement in Accounts and Contract Rights provides a legal framework for lenders and borrowers to secure loans by pledging accounts receivable and contract rights as collateral. This agreement is crucial in safeguarding lenders' interests and promoting trust in commercial transactions.

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FAQ

Article 9 contains a statute of frauds which requires a security agreement to be in writing unless it is pledged. See § 9-203(1) of the code. A pledged security agreement arises when the borrower transfers the collateral to the lender in exchange for a loan (e.g., a pawnbroker).

A security interest is not enforceable unless it has attached. Attachment of a security interest generally requires a written security agreement, description of collateral, secured party's giving value, and the debtor having rights in collateral.

Summary: Thus, when the collateral is not in the possession of the secured party, a security agreement must be in writing to be enforceable. The agreement must be signed by the debtor, contain a description of the property, and the description must reasonably identify the property involved (the collateral).

A security agreement is a document that provides a lender a security interest in a specified asset or property that is pledged as collateral. Security agreements often contain covenants that outline provisions for the advancement of funds, a repayment schedule, or insurance requirements.

At a minimum, a valid security agreement consists of a description of the collateral, a statement of the intention of providing security interest, and signatures from all parties involved. Most security agreements, however, go beyond these basic requirements.

The security agreement must: be signed (or authenticated) by the debtor and the owner of the property, contain a description of the collateral and. make it clear that a security interest is intended.

Thus, when the collateral is not in the possession of the secured party, a security agreement must be in writing to be enforceable. The agreement must be signed by the debtor, contain a description of the property, and the description must reasonably identify the property involved (the collateral).

A security agreement may be oral if the secured party (the lender) has actual physical possession of the collateral.

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Title 11, Article 9: SECURED TRANSACTIONS; SALE OF ACCOUNTS, CONTRACT RIGHTS AND CHATTEL PAPERS. Part 1: SHORT TITLE, APPLICABILITY AND DEFINITIONS. Part 2: EFFECTIVENESS OF SECURITY AGREEMENT; ATTACHMENT OF SECURITY INTEREST; RIGHTS OF PARTIES TO SECURITY AGREEMENT ..."Account," except as used in "account for," means a right to payment of a monetary obligation, whether or not earned by performance: (a). For property that has ... Maine Legislature · §9-301. Title 11: UNIFORM COMMERCIAL CODE. Article 9: SECURED TRANSACTIONS; SALE OF ACCOUNTS, CONTRACT RIGHTS AND CHATTEL PAPERS. Part 3 ... Browse Maine Statutes | Part 2 - VALIDITY OF SECURITY AGREEMENT AND RIGHTS OF PARTIES THERETO for free on Casetext. The Note shows that its signer or signers owe Lender. Dollars (U.S. $. ) plus interest and promise to pay this debt in Periodic Payments and to pay the debt in ... The Equal Employment Opportunity Commission (EEOC) is authorized by statute to use the services of State and Local Fair Employment Practices Agencies (FEPAs) to ... “Electronic funds transfers” means ATM withdrawals, pre-authorized transactions, point of sale transactions, transfers to and from your AB accounts using ... by LR Lupica · 2005 · Cited by 14 — former Article 9, creditors could take a security interest in deposit accounts ... secured creditor receives few of the rights usually associated with a security ... Nov 29, 2022 — “Loan Documents” means all of the financing and program documents executed on behalf of the property. These documents may include Promissory ...

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Maine Security Agreement in Accounts and Contract Rights