2. Creation of an Enforceable Security Interest Flashcards
What is required for a security to interest to be enforceable?
It must attach
What are the three requirements for a security interest to attach?
- Value
- Contract
- Rights
Attachment
What is the value requirement?
CR must pay money or extend some other value
Attachment
What is the contract requirement?
The secured transaction must be evidenced in a contract
Attachment
What are the two requirements for a contract?
- Signed by DR
- Reasonably ID collateral
Attachment
In what one instance will a contract not be required?
CR has already taken possession
Attachment
What is the rights requirement?
DR must have rights in the collateral
Attachment
What is the one instance in which an after-acquired collateral clause will not be allowed?
DR is a consumer