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One of the most well known UCC provisions is the requirement of perfecting a security interest. In general, a secured transaction is designed to provide a lender with recourse in the event that the borrower is unable to repay the loan, primarily by taking possession of the asset and selling it.
Security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. Secured party is a lender, seller, or other person in whose favor a security interest exists.
Essentially, a UCC-1 can be described as a financing statement. In fact, it is sometimes called a UCC financing statement. A creditor files a UCC-1 to provide notice to interested parties that he or she has a security interest in a debtor's personal property.
A filed financing statement must contain certain minimal information--the names and addresses of the debtor and the secured party; and a statement describing the items or listing the types of collateral (and, if real property, a description of the property). UCC 5 9-502.
Security Interest: An interest in personal property or fixtures -- i.e., improvements to real property -- which secures payment or performance of an obligation. Security Agreement: An agreement creating or memorializing a security interest granted by a debtor to a secured party.
(The UCC uses the term "authenticate" to include the possibility of electronic signatures.) A security agreement normally will contain a clear statement that the debtor is granting the secured party a security interest in specified goods. The agreement also must provide a description of the collateral.
Security agreement is ?an agreement that creates or provides for a security interest.? It is the contract that sets up the debtor's duties and the creditor's rights in event the debtor defaults. Uniform Commercial Code, Section 9-102(a)(73).
1 financing statement (an abbreviation for Uniform Commercial Code1) is a legal form that a creditor files to give notice that it has or may have an interest in the personal property of a debtor (a person who owes a debt to the creditor as typically specified in the agreement creating the debt).