A security interest in chattel paper, negotiable documents, instruments, or investment property may be perfected by filing. (b) [Control or possession of certain collateral.] (3) a security interest in money may be perfected only by the secured party’s taking possession under Section 9-313.
How do you perfect a security interest?
However, generally speaking, the primary ways for a secured party to perfect a security interest are:
- by filing a financing statement with the appropriate public office.
- by possessing the collateral.
- by “controlling” the collateral; or.
- it’s done automatically upon attachment of the security interest.
How do you perfect a security interest in a deposit account?
A lender can perfect a lien on a borrower’s deposit account only by obtaining “control” over the account, which requires one of the following arrangements: (1) the borrower maintains its deposit account directly with the lender; (2) the lender becomes the actual owner of the borrower’s deposit accounts with the …
Why would a lender want a security interest?
A security interest on a loan is a legal claim on collateral that the borrower provides that allows the lender to repossess the collateral and sell it if the loan goes bad. A security interest lowers the risk for a lender, allowing it to charge lower interest on the loan.
What is perfection without filing?
This means that the secured party does not have to file a financing statement, possess the collateral or exercise control over it to perfect a security interest and have priority over other creditors.
What is a security interest example?
One of the most common examples of a security interest is a mortgage: a person borrows money from the bank to buy a house, and they grant a mortgage over the house so that if they default in repaying the loan, the bank can sell the house and apply the proceeds to the outstanding loan.
Can you have a security interest in a bank account?
Although control is the only method of perfecting a security interest in a deposit account as original collateral, a security interest might arise in a deposit account because the funds in the account are identifiable proceeds of some other collateral.
What is required for an enforceable security interest?
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 …
Can you perfect without attachment?
Since a trustee in bankruptcy is given the status of a lien creditor under §544(a) of the bankruptcy code, a perfected security interest will “beat” a bankruptcy trustee whose job it is to free up collateral for the unsecured parties. …
Is PMSI automatically perfected?
A PMSI is automatically perfected when the security agreement attaches to collateral that is consumer goods. Consumer goods are goods primarily for personal use by the purchaser rather than for business use or resale. Note: Consumer goods do not include vehicles subject to a certificate of title or fixtures.
What is a UCC search?
A UCC search is a process through which business owners contact the secretary of state for the state in which their business is located and request all their UCC information. In some states, you won’t have to contact your secretary of state’s office at all – instead, you can use an online database for UCC lookup.
Who pays interest on a loan?
When you borrow money, you have to pay back the amount of the loan (called the principal), plus pay interest on the loan. Interest essentially amounts to the cost of borrowing the money—what you pay the lender for providing the loan—and it’s typically expressed as a percentage of the loan amount.
How do you perfect a security interest in a life insurance policy?
The security interest in the policy is perfected by filing the assignment with the insurance company. OCU Law Professor Alvin Harrell, in his book “The Law of Personal Property Secured Transactions,” suggests that “it may also be desirable to obtain possession of the policy itself.”
Does a security agreement have to be in writing?
Article 9 contains a statute of frauds which requires a security agreement to be in writing unless it is pledged. … The “perfection” of a security agreement allows a secured party to gain priority to the collateral over any third party. To perfect a security agreement, the filing of a public notice is usually required.