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A perfected lien is a binding document that has been filed with the appropriate agency allowing for a legal claim to seize assets if a payor defaults. Commonly, a perfected lien is enacted for the purpose of legally securing collateral for a creditor in a secured loan.
Credit extended for the operation of a business is not consumer debt and even consumer goods or consumer intangibles taken as security would not make the transaction a consumer transaction (though as noted above, some provisions of Revised Article 9 apply to transactions secured by consumer goods even though the credit
The debtor must authenticate the security agreement by signing a statement that announces the intention to grant a security interest in the property specifically outlined in the security agreement.
Borrower or any of Borrower's Subsidiaries grants a lien on or security interest in any of the Borrower's or any such Subsidiary's accounts receivable (except for liens or security interests granted by any Subsidiary to Borrower).
Article 9 is a section under the UCC governing secured transactions including the creation and enforcement of debts. Article 9 spells out the procedure for settling debts, including various types of collateralized loans and bonds.
To perfect purchase money security interests in inventory, Section 9-324(b) requires that: The PMSI must be perfected at the time the borrower takes possession of the inventory. As such, the security agreement and value extended must occur before inventory is received.
The UCC provides additional protection to accounts receivable, in that anti-assignment provisions are ineffective if they attempt to restrict the sale or grant of a security interest in an account. Thus, accounts receivable may be sold despite contractual restrictions prohibiting such transfers.
1 filing is a legal form that a creditor files to secure its interest in a borrower's property or assets used as collateral for a loan. The filing serves as a public notice that the creditor has the right to take possession of the assets as repayment on the underlying debt.
In order to perfect, the secured creditor must have a valid security agreement and in most cases, file a valid financing statement. If the debtor becomes insolvent, there will be insufficient assets to pay all of the creditors. Other creditors will attack any security interest that has a weakness.