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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 ...
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 ...
Under the UCC, a secured lender can perfect its security interest in mortgage loans (including those secured by residential or commercial real estate) either by filing a UCC-1 financing statement that describes the notes that are subject to the security interest or by taking possession of the promissory notes.
PMSI examples Ace Trucking needs to buy a new truck. Ace Trucking applies to Speedy Loans Ltd for the money to buy it. Ace Trucking agrees to allow Speedy Loans to take the truck as security for the loan in order to guarantee repayment.
Perfection by Possession: A secured creditor can perfect his or her security interest by taking possession of the collateral until the debtor has paid the debt for which the collateral was pledged. For example, stocks, bonds, jewelry.