Make Notes On Legal California Secured Transactions Forms For Free

The law of secured transactions consists of five principal components: (1) the nature of property that can be the subject of a security interest; (2) the methods of creating the security interest; (3) the perfection of the security interest against claims of others; (4) priorities among secured and unsecured creditors? ...

Some common types of secured transactions include mortgage and car loans. When a debtor borrows money to purchase a car, the vehicle is the collateral for the loan. The creditor has a security interest in the vehicle and the creditor can repossess and sell the car if payments are not made.

By Agreement with the Debtor Security obtained through agreement comes in three major types: (1) personal property security (the most common form of security); (2) suretyship?the willingness of a third party to pay if the primarily obligated party does not; and (3) mortgage of real estate.

To overly simplify the basic commercial transaction, the three documents necessary to create a secured transaction are: (1) the promissory note; (2) the security agreement and (3) the financing statement. The promissory note is the document that creates the obligation.

Article 9 contains a statute of frauds which requires a security agreement to be in writing unless it is pledged. See § 9-203(1) of the code. A pledged security agreement arises when the borrower transfers the collateral to the lender in exchange for a loan (e.g., a pawnbroker).

Here is the simplest (and most common) scenario: Debtor borrows money or obtains credit from Creditor, signs a note and security agreement putting up collateral, and promises to pay the debt or, upon Debtor's default, let Creditor (secured party) take possession of (repossess) the collateral and sell it.