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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.
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.
You give the lender this right when you sign your closing forms. The document granting the security interest can be called by different names, but the most common names are "Mortgage" or "Deed of Trust."
What is a General Security Agreement? A GSA is a contract signed between two parties, a borrower and a lender. The GSA protects the lender by creating a security interest in all or some of the assets of the borrower. In sum, the GSA outlines the terms and conditions of the loan, and lists the assets used for security.
To perfect a security interest in general intangibles, a lender must file a proper financing statement in the UCC filing office in the state where the debtor is deemed to be located under the UCC (typically, the state where the debtor is organized).
In order to perfect an interest in a ?general intangible,? a creditor is required to file a UCC-1 financing statement in the state where the debtor is located. Notwithstanding the lack of a legal obligation to record a security interest at the USPTO, it remains good practice to do so.
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.
(1) A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in the right to proceeds of a written letter of credit can be perfected only by the secured party's taking possession of the letter of credit.