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Attachment is essentially the moment when a security interest becomes enforceable against a Debtor.
The most typical way to perfect a security interest is by filing notice in a public office. The filing of a public notice puts other creditors on notice of the attached security interest in property of the creditor. The required filing most frequently is a financing statement.
File a UCC-1 financing statement; or. take actual possession of the lease by creating and taking physical possession of an original chattel-paper counterpart to the lease.
An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under Section 9-502(c) may be made only by an assignment of record of the mortgage in the manner provided by law of this State other than the Uniform
The three requirements of: giving value, debtor rights in the collateral, and an authenticated security agreement apply to the most common types of collateral, such as equipment, inventory and even payments due under a contract.
By filing a financing statement with the appropriate public office. by possessing the collateral. by controlling the collateral; or. it's done automatically upon attachment of the security interest.
Article 9 contains a statute of frauds which requires a security agreement to be in writing unless it is pledged.The "perfection" of a security agreement allows a secured party to gain priority to the collateral over any third party. To perfect a security agreement, the filing of a public notice is usually required.
Security interest is an enforceable legal claim or lien on collateral that has been pledged, usually to obtain a loan. The borrower provides the lender with a security interest in certain assets, which gives the lender the right to repossess all or part of the property if the borrower stops making loan payments.