Security Interest Flashcards
(4 cards)
1
Q
Purchase Money Security Interest (PMSI)
A
2 kinds
- Secured party sells debtor collateral on credit and retains a security interest in the item sold.
- or- - A loan to a debtor that enables debtor to buy specific collateral, and creditor takes a security interest in that specific collateral
Note: Credit or loan must ACTUALLY be used to acquire the collateral
2
Q
Scope of Security Interest
A
- Debt secured may include future advances
- Property secured may include after-acquired property
- Property secured generally includes proceeds of collateral (upon sale, exchange, collection, or other disposition of collateral or proceeds)
- Attachment of a security interest in collateral is also an attachment in a supporting obligation for that collateral (ex. a surety)
3
Q
Non-purchase money security interest
A
a debt is secured by property you already owned when you made the loan.
4
Q
Secured party vs. statutory lien claimants
A
Statutory lien wins even against a perfected security interest. (e.g. a mechanics lien)