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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.
Perfection Generally. The most common example of a security interest is a mortgage on real property. In order to be enforceable against other creditors or the bankruptcy trustee a mortgage must be duly recorded.
The debtor must authenticate the security agreement by signing a statement that announces the intention to grant a security interest in the property specifically outlined in the security agreement.
A statute of frauds is in place on all real estate sales in Pennsylvania, requiring acceptance of both parties in some form of writing. This holds both parties accountable to the provisions set forth in the written acceptance.
The perfection of a security interest in a deposit account is a two-part process. First, the account owner must execute a security agreement granting the financial institution a security interest in the deposit account to serve as collateral for the obligations of the account owner to the financial institution.
If at any time any Grantor shall take a security interest in any property of an Account Debtor or any other Person to secure payment and performance of an Account in an amount in excess of $250,000, such Grantor shall promptly assign such security interest to the Collateral Agent for the benefit of the Secured Parties.
Accounts Receivable Therefore, most lenders perfect a security interest in receivables by filing a financing statement. It is not necessary to file a financing statement, however, for a security interest in an account receivable that is not ?a significant part of the outstanding accounts? of the debtor.
Not unlike a certificated security, a security interest in uncertificated securities can be perfected two ways: (1) by properly filing a UCC-1 financing statement or (2) by control.