New York 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
Secured debt Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default.
UCC § 9-203 sets forth the requirements for attachment and enforceability of security interests. In general: (1) the creditor must give value, (2) the debtor must have rights in the collateral, and (3) there must be a security agreement or other action indicating an intent to convey a security interest.
Then, what makes a collateral description sufficient? Article 9-108 provides the following: (a) Except as otherwise provided? a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described. (b) [Examples of reasonable identification.]
Creditor's rights can refer to many different aspects of creditor-debtor and creditor-creditor relations including a creditor's rights to place a lien on a debtor's property, garnish a debtor's wages, set aside a fraudulent conveyance, and contact the debtor and relatives.
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.
In short, UCC Article 9's main objective is to help lenders become secured creditors. Article 9 regulates security interests in personal property as collateral for an outstanding debt.
The secured party may claim both any proceeds and the original collateral but, of course, may have only one satisfaction. In many cases, a purchaser or other transferee of collateral will take free of a security interest, and the secured party's only right will be to proceeds.
Article 9 is a section under the UCC governing secured transactions including the creation and enforcement of debts. Article 9 spells out the procedure for settling debts, including various types of collateralized loans and bonds.
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.
