South Carolina Security Agreement in Accounts and Contract Rights

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Multi-State
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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.

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  • Preview Security Agreement in Accounts and Contract Rights
  • Preview Security Agreement in Accounts and Contract Rights
  • Preview Security Agreement in Accounts and Contract Rights
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FAQ

37-23-80: Prohibits prepayment penalties for loans less than $150,000.

Debt Collection Laws in South Carolina Residents of South Carolina fall under the Federal Debt Collections Protection Act, which prohibits collection agencies from harassing borrowers or using unfair or misleading tactics to collect debts.

SECTION 37-2-104. "Consumer credit sale" defined. (e) with respect to a sale of goods or services, the amount financed does not exceed twenty-five thousand dollars. (b) a sale of an interest in land if the debt is secured by a first lien or equivalent security interest in real estate.

Interest Rates Laws in South Carolina Code SectionSouth Carolina Code of Laws 34-31-20: Legal Rate of InterestLegal Maximum Rate of Interest8.75% (§34-31-20)Penalty for Usury (Unlawful Interest Rate)Usury penalty laws repealed June 25, 1982, but old law may apply to transactions before then (formerly §34-31-50)2 more rows

Code is amended to read: Section 37-2-307. (A) As used in this section: (1) Every motor vehicle dealer charging closing fees on a motor vehicle sales contract shall pay a one-time registration fee of ten dollars during each state fiscal year before January thirty-first to the Department of Consumer Affairs.

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).

The parties to the contract must be competent to make a contract, and not incapacitated by mental incompetency, infancy, or the like. Any contract for an interest in land or any agreement that is not to be performed within one year must be in writing and signed by the party against whom it is seeking to be enforced.

SECTION 37-3-104. "Consumer loan" defined. (d) either the principal does not exceed twenty-five thousand dollars or the debt is secured by an interest in land.

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South Carolina Security Agreement in Accounts and Contract Rights