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.
The Truth-in-Lending Act (TILA) is part of the Federal Consumer Credit Protection Act. The purpose of the TILA is to make full disclosure to debtors of what they are being charged for the credit they are receiving. The Act merely asks lenders to be honest to the debtors and not cover up what they are paying for the credit. Regulation Z is a federal regulation prepared by the Federal Reserve Board to carry out the details of the Act. TILA applies to consumer credit transactions. Consumer credit is credit for personal or household use and not commercial use or business purposes.
New Hampshire General Form of Security Agreement in Equipment is a legal document that establishes the rights and obligations between parties involved in providing security for equipment loans or transactions in the state of New Hampshire. This agreement serves as a legally binding contract that ensures the lender's (secured party) interest in the equipment is protected until the loan is fully repaid. In the context of equipment financing, the New Hampshire General Form of Security Agreement outlines the terms and conditions under which the lender provides funds to the borrower (debtor) secured against the equipment being financed. This agreement provides a detailed description of the equipment, including its make, model, serial number, and any other important identifying features. The key provisions often found in a New Hampshire General Form of Security Agreement in Equipment include: 1. Parties involved: The agreement specifies the legal names and addresses of both the lender and the borrower. It also indicates whether there are any co-borrowers or guarantors involved. 2. Equipment description: This section provides a comprehensive description of the equipment being used as collateral. It details the equipment's specifications, condition, location, and any other relevant information that aids in its identification and valuation. 3. Grant of security interest: The agreement establishes that the borrower grants the lender a security interest in the equipment to secure the repayment of the loan. This grants the lender certain rights and remedies in case of default or non-payment. 4. Loan amount and terms: The agreement clearly states the loan amount, interest rate, repayment terms, and any other financial conditions agreed upon by both parties. It may also include provisions regarding late payment fees, default interest rates, and other penalties. 5. Insurance requirements: The agreement may specify that the borrower is obligated to maintain appropriate insurance coverage on the equipment, protecting against theft, damage, or loss. It may also require the lender to be named as a loss payee on the insurance policy. 6. Events of default: This section outlines the events that would constitute a default under the agreement, such as non-payment, insolvency, or breach of any other terms. It details the actions the lender can take in such situations, including the right to take possession of the equipment or pursue legal remedies. Overall, the New Hampshire General Form of Security Agreement in Equipment is an essential legal document that safeguards the interests of both parties involved in equipment financing transactions. It ensures that the lender's rights are protected, and in case of default, provides a clear framework of actions that can be taken to recover the outstanding loan amount. Different types of security agreements may exist under various circumstances, such as purchase money security agreements, blanket security agreements, or specific asset security agreements, each serving distinct purposes depending on the nature of the transaction or financing arrangement.
