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You give the lender this right when you sign your closing forms. The document granting the security interest can be called by different names, but the most common names are "Mortgage" or "Deed of Trust."
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.
What are the Methods of Perfecting a Security Interest? Filing a financing statement in the appropriate public office; Take or retain possession of the collateral; Obtain or retain control of the collateral over the collateral; or. In limited circumstance, automatic perfection of the security interest in the collateral.
Perfection Generally. The most common example of a security interest is a mortgage on real property. In order to be enforceable against other creditors or the bankruptcy trustee a mortgage must be duly recorded.
5 ingly, to properly perfect a security interest in a registered copyright, a filing should be done with the Copyright Office. In the interest of perfecting security interests, a creditor may want to record with the UCC and simultaneously register the copyright and record with the Copyright Office.
(1) A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in the right to proceeds of a written letter of credit can be perfected only by the secured party's taking possession of the letter of credit.
Security interests for most types of collateral are usually perfected by filing a document simply called a "financing statement." You'll usually file this form with the secretary of state or other public office.