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One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan.
The creditor is known as the secured party and holds a security interest in the debtor's property. The property is known as the collateral for the loan. The security interest helps ensure the debtor's payment. This interest is granted through a security agreement.
Secured party is a lender, seller, or other person in whose favor a security interest exists. Debtor is the person who owes payment or performance of the obligation that is secured. Security agreement is the agreement between the secured party and the debtor that creates or provides for a security interest.
Attachment of a Security Interest in Collateral. A creditor has a security interest in collateral?and becomes a secured party?if and when a security interest "attaches." Under the UCC, a security interest generally doesn't attach unless three basic requirements are met: value is given for the security interest.
Secured Transaction Terminology 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.
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.
A secured party in UCC law is a person who has the favor of the security interest that is created or provided for under a security agreement, whether or not there is an obligation to be secured that is outstanding.
The term ?security interest? means an interest (including an interest established by a conditional sales contract, mortgage, equipment trust, or other lien or title retention contract, or lease) in a motor vehicle when the interest secures payment or performance of an obligation.
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. Collateral ?means the property subject to a security interest or agricultural lien.?