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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.
Security agreement is the agreement between the secured party and the debtor that creates or provides for a security interest. Collateral refers to the items of property in which a security interest is granted by the debtor.
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.
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.
Security interest is an enforceable legal claim or lien on collateral that has been pledged, usually to obtain a loan. The borrower provides the lender with a security interest in certain assets, which gives the lender the right to repossess all or part of the property if the borrower stops making loan payments.
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 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.
Security agreement is ?an agreement that creates or provides for a security interest.? It is the contract that sets up the debtor's duties and the creditor's rights in event the debtor defaults. Uniform Commercial Code, Section 9-102(a)(73).