Oregon Security Agreement in Accounts and Contract Rights

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US-01730BG
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Description

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.


A secured transaction involves a sale on credit or lending money where a creditor is unwilling to accept the promise of a debtor to pay an obligation without some sort of collateral. The creditor requires the debtor to secure the obligation with collateral so that if the debtor does not pay as promised, the creditor can take the collateral, sell it, and apply the proceeds against the unpaid obligation of the debtor. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The property that is subject to the security interest is called the collateral. The party holding the security interest is called the secured party.

Oregon Security Agreement in Accounts and Contract Rights refers to a legal contract made between a debtor and a creditor in the state of Oregon to secure the repayment of a debt. This agreement allows the creditor to claim a security interest or lien on the debtor's accounts and contract rights as collateral. Under the Uniform Commercial Code (UCC) in Oregon, the Security Agreement in Accounts and Contract Rights ensures that a creditor has a right to the proceeds from the debtor's accounts and contract rights in case of default. This provides a level of assurance for the creditor that they can recover their money through the specific assets mentioned in the agreement. There can be different types of Oregon Security Agreement in Accounts and Contract Rights based on the specific assets being pledged as collateral. Some common types include: 1. Accounts Receivable Security Agreement: This type of security agreement allows the creditor to claim a security interest in the debtor's accounts receivable. Accounts receivable refer to the money owed to the debtor by their customers for goods or services already provided. By securing the accounts receivable, the creditor has the right to collect the outstanding payments from the debtor's customers if the debtor fails to repay the debt. 2. Contract Rights Security Agreement: This type of security agreement grants the creditor a security interest in the debtor's contract rights. Contract rights encompass any legally enforceable rights arising from a contract, such as the right to receive future payments or benefits. By having a security interest in these contract rights, the creditor can enforce their claim on the payments or benefits if the debtor defaults on their obligations. 3. General Security Agreement: A general security agreement covers a broader scope of assets, including accounts and contract rights, as well as other types of collateral like inventory, equipment, or real estate. It provides a comprehensive security interest in various assets, giving the creditor a wide range of options to recover their debt in case of default. When drafting an Oregon Security Agreement in Accounts and Contract Rights, it is essential to include specific language that clearly identifies the collateral, outlines repayment terms, and details the creditor's rights upon default. Both the debtor and the creditor should fully understand the obligations and consequences associated with the agreement before signing it. Note: It is always advisable to consult with a legal professional to ensure compliance with Oregon state laws and specific requirements related to Security Agreements in Accounts and Contract Rights.

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FAQ

Thus, when the collateral is not in the possession of the secured party, a security agreement must be in writing to be enforceable. The agreement must be signed by the debtor, contain a description of the property, and the description must reasonably identify the property involved (the collateral).

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.

What constitutes ?seriously misleading?? ing to UCC Article 9-506(b), a Financing Statement is seriously misleading if a search for the debtor's legal name does not reveal the filing. seriously misleading. ?Standard Search Logic? is the holy grail of determining whether or not a filing is seriously misleading.

Default itself is not defined in Article 9 of the UCC; rather, Article 9 leaves to the parties the task of determining?typically in the security agreement or other related document?the situations in which the debtor's failure to live up to its end of the bargain may entitle the secured party to exercise remedies ...

Security agreements are contracts. Article 9 of the Uniform Commercial Code governs security interests in personal property. It has been adopted, with some modifications, by every state. A security agreement must comply with other state laws governing contracts.

ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST; PROCEEDS; SUPPORTING OBLIGATIONS; FORMAL REQUISITES. (a) [Attachment.] A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.

Article 9 of the Uniform Commercial Code (UCC) provides various methods for a secured creditor to repossess collateral after default. The method for obtaining possession depends on the nature of the collateral and, to some extent, how the security interest was perfected.

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.

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(vv) “Investment property” means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract or commodity ... ... Oregon, at law, in equity, under this Agreement, or otherwise. All such rights and remedies shall be cumulative and may be exercised singularly or concurrently.Grantor shall further defend the right, title and interest of Collateral Agent and Secured Parties in and to any of Grantor's rights under the Chattel Paper, ... The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by ORS 79.0315 (UCC 9-315. Secured party's rights on ... A security interest in a commodity contract or a commodity account created by a commodity intermediary;. (12). An assignment for the benefit of all creditors ... Section 79.0338 - UCC 9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. If you have not signed a written security agreement, the creditor does not have a right to take any of your property unless the creditor has first obtained a ... PERFECTION OF SECURITY INTERESTS IN CHATTEL PAPER, DEPOSIT ACCOUNTS, DOCUMENTS, GOODS COVERED BY DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, LETTER-OF-CREDIT ... The loan agreement and security interest were properly filed. The debtor defaulted and the creditor asserted its rights to the milk quota and accounts ... Jul 26, 2012 — Under Oregon's Article 9, a creditor with a perfected security interest in crops has priority over a perfected real estate lien covering crops.

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Oregon Security Agreement in Accounts and Contract Rights