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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.
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.
A secured party may perfect a security interest by having possession, either itself or through a third party, of the collateral. Possessory security interests are the oldest form of security interests in personal property.
Filing a Financing Statement to Perfect the Security Interest. Security interests for most types of collateral are usually perfected by filing a document simply called a "financing statement." You'll usually file this form with the secretary of state or other public office.
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 ...
Below are the primary methods for perfecting a security interest: Filing a financing statement in the appropriate public office; Take or retain possession of the collateral; Obtain or retain control of the collateral over the collateral; or.
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.
To protect its security interest, a secured party must take steps to ?perfect? its lien. A lien is usually perfected by filing a financing statement with the Secretary of State, or in some cases with the county recorder. The secured party may sometimes perfect its lien by being in possession of the collateral.