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By Agreement with the Debtor Security obtained through agreement comes in three major types: (1) personal property security (the most common form of security); (2) suretyshipthe willingness of a third party to pay if the primarily obligated party does not; and (3) mortgage of real estate.
The three requirements of: giving value, debtor rights in the collateral, and an authenticated security agreement apply to the most common types of collateral, such as equipment, inventory and even payments due under a contract.
Certain types of collateral must be perfected through possession: Money. The only way that a secured party may perfect its security interest in money is by possession.
Other methods of perfection of a security interest in letter-of-credit rights (such as taking possession of a letter of credit) will no longer be available. Perfection can be only by perfection in the underlying obligation (and hence in the letter-of-credit rights as support obligations) or by "control. ''
The three requirements of: giving value, debtor rights in the collateral, and an authenticated security agreement apply to the most common types of collateral, such as equipment, inventory and even payments due under a contract.
Overview. "There are only four kinds of consensual security known to English law: (i) pledge; (ii) contractual lien; (iii) equitable charge and (iv) mortgage.
The term purchase money security interest (PMSI) refers to a legal claim that allows a lender to either repossess property financed with its loan or to demand repayment in cash if the borrower defaults. It gives the lender priority over claims made by other creditors.
In order for a security interest to be enforceable against the debtor and third parties, UCC Article 9 sets forth three requirements: Value must be provided in exchange for the collateral; the debtor must have rights in the collateral or the ability to convey rights in the collateral to a secured party; and either the
Under Revised Article 9 of the UCC, electronic chattel paper may be used as collateral in a secured transaction.