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At common law, chattel included all property that was not real estate and not attached to real estate. Examples included everything from leases, to cows, to clothes. In modern usage, chattel often merely refers to tangible movable personal property.
Security agreements and financing statements are often confused with one another. The primary difference is that the financing statement largely serves as notice that a creditor possesses security interest in the debtor's assets or property. The financing statement is not a contract.
Under a security deed, the lender is automatically able to foreclose or sell the property when the borrower defaults. Foreclosing on a mortgage, on the other hand, involves additional paperwork and legal requirements, thus extending the process.
A security interest in a manufactured home that is or becomes a fixture (defined in UCC § 9-102 as goods that have become so related to particular real property that an interest in them arises under real property law) is perfected by one of three methods: making a fixture filing, noting the secured party's lien on
A security agreement is a document that provides a lender a security interest in a specified asset or property that is pledged as collateral. Security agreements often contain covenants that outline provisions for the advancement of funds, a repayment schedule, or insurance requirements.
A chattel mortgage is a loan used to purchase an item of movable personal property, such as a manufactured home or a piece of construction equipment. The property, or chattel, secures the loan, and the lender holds an ownership interest in it.
Certain specific requirements are required for the security agreement to form the foundation for a valid security interest, namely 1) it must be signed, 2) it must clearly state that a security interest is intended, and 3) it must contain a sufficient description of the collateral subject to the security interest.
The term purchase money security interest (PMSI) refers to a legal claim that allows a lender to either repossess property financed with its loan or to demand repayment in cash if the borrower defaults. It gives the lender priority over claims made by other creditors.
Mortgage is different from a security agreement. A mortgage is used to secure the lender's rights by placing a lien against the title of the property. Once all loan repayments have been made, the lien is removed. However, the buyer doesn't own the property till all loan payments have been made.
A Chattel Mortgage is primarily used to purchase an asset for business use. Structured similarly to a regular mortgage, the lenders provide funds to purchase the asset (known as a Chattel) and register their security interest on the Personal Property Securities Register (PPSR) for the life of the loan.