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Below are common types of security interests that apply to land. Mortgage. This is a loan instrument where an individual acquires a loan to buy a house. ... Deed of Trust. In the US, a deed of trust is a legal instrument used to create security interests. ... A contract for the sale of land.
To create a valid security interest in equipment, inventory, receivables and shares in companies (as well as the other categories of collateral governed by the UCC, (i) a security provider (the grantor) must execute or authenticate a written or electronic security agreement that provides an adequate description of the ...
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 security interest is retained in or taken by the seller of the collateral to secure part or all of its price. A security interest is taken by a person who, by making advances or incurring an obligation, gives something of value that enables the debtor to acquire the rights in the collateral or to use it.
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.
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. Once the security interest has ?attached,? it is effective between the debtor and the creditor.
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.