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A secured party in UCC law is a person who has the favor of the security interest that is created or provided for under a security agreement, whether or not there is an obligation to be secured that is outstanding.
Attachment of a Security Interest in Collateral. A creditor has a security interest in collateral?and becomes a secured party?if and when a security interest "attaches." Under the UCC, a security interest generally doesn't attach unless three basic requirements are met: value is given for the security interest.
Secured party is a lender, seller, or other person in whose favor a security interest exists. Debtor is the person who owes payment or performance of the obligation that is secured. Security agreement is the agreement between the secured party and the debtor that creates or provides for a security interest.
Security Interest: An interest in personal property or fixtures -- i.e., improvements to real property -- which secures payment or performance of an obligation. Security Agreement: An agreement creating or memorializing a security interest granted by a debtor to a secured party.
If two or more creditors are properly perfected, then the priorities among such competing secured creditors is spelled out in the UCC, but the general rule is that the first to perfect has priority, whether the competing security interests and liens are consensual or nonconsensual.
Although a security interest can't be perfected until it has attached (such as through the loan that establishes the interest), a creditor can pre-file a financing statement before the loan closes.
A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
Security agreement is ?an agreement that creates or provides for a security interest.? It is the contract that sets up the debtor's duties and the creditor's rights in event the debtor defaults. Collateral ?means the property subject to a security interest or agricultural lien.?
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 ...