Ch 30 Secured Transactions Flashcards Preview

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Flashcards in Ch 30 Secured Transactions Deck (22):

When the payment of a debt is guaranteed or secured by personal property owned or held by the debtor, the transaction becomes known as a what?

Secured transaction


Which article of the UCC governs secured transactions in personal property?

Article 9


What does personal property include?

- Accounts
- Agricultural liens
- Chattel paper
- Commercial assignments or $1,000 or more
- Fixtures
- Instruments
- Other types of intangible property (e.g. patents)


What is chattel paper?

- Personal property
- Any documents or records evidencing a debt secured by personal property


What is a fixture?

- Certain property that is attached to land


Does Article 9 cover creditor tools such as liens and mortgages on real property?



Define secured party.

Any creditor who has a security interest in the debtor's collateral


Define debtor

The party who owes payment or other performance of a secured obligation


Define security interest

The interest in the collateral that secures payment or performance of an obligation


Define security agreement

An agreement that creates or provides for a security interest


Define collateral

The subject of the security interest


Define financing statement

- a.k.a. UCC-1 form
- the instrument normally filed to give public notice to third parties of the secured party's security interest


What are the two main concerns of the creditor if the debtor defaults?

(1) Can the debt be satisfied through the possession and (usually) sale of the collateral?

(2) Will the creditor have priority over any other creditors or buyers who may have rights in the same collateral?


How are the two main concerns of the creditor if the debtor defaults met?

Through creation and perfection of a security interest


What are the three basic requirements to be met for a creditor to have an enforceable security interest?

(1) Written or authenticated security agreement
(2) Secured party must give debtor something of value
(3) The debtor must have rights in the collateral


What does an attachment give the creditor?

An enforceable security interest in the collateral


When the collateral is not in the possession of the secured party, the security agreement must be in what form?

Either written or authenticated (and it must describe the collateral)


Unless an amendment to the financing statement is filed within a four-month period following changes in the debtor's name, collateral acquired by the debtor after the period is what?



How can you perfect a security interest without filing a financing statement?

1) Transfer collateral into possession of the secured party
2) Perfected on attachment


What are two of the most common security interests that are perfected on attachment?

1) Purchase-money security interest in consumer goods
2) Assignment of a beneficial interest in a estate of a deceased person


What are the two general categories of collateral?

1) Tangible collateral
2) Intangible collateral


Under the UCC, 14 types of security interests are perfected automatically at the time they are created. What is the most common?

PMSI (or purchase-money security interest in consumer goods, which are items bought primarily for personal, family, or household purposes)