Search results
Results from the WOW.Com Content Network
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the collateral [1]) which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. [2]
A security interest becomes enforceable against the collateral as soon as it attaches. Attachment requires three things: (i) that the debtor have rights in the collateral or the power to convey rights; (ii) that value be given; and (iii) in most cases, that the debtor have authenticated a security agreement that adequately describes the collateral.
A security interest can be created by contracts, liens created by statutes, and liens created by judicial acts. [9] UCC §9-203(b) requires three things to create a security interest in the United States: possession of the collateral or an authenticated security agreement with a description of the collateral, value of the collateral, and
A secured creditor is a creditor with the benefit of a security interest over some or all of the assets of the debtor.. In the event of the bankruptcy of the debtor, the secured creditor can enforce security against the assets of the debtor and avoid competing for a distribution on liquidation with the unsecured creditors.
A deed of trust refers to a type of legal instrument which is used to create a security interest in real property and real estate.In a deed of trust, a person who wishes to borrow money conveys legal title in real property to a trustee, who holds the property as security for a loan from the lender to the borrower.
If the security agreement is for a purchase money security interest in consumer goods, perfection is automatic. Otherwise, the lender must record either the agreement itself, or a UCC-1 financing statement , in an appropriate public venue (usually the state secretary of state or a state business commission under that person's authority).
Generally speaking, once a security interest is effectively created, it gives certain rights to the holder of the security and imposes duties on the party who grants that security. [2] However, in many legal systems, additional steps --- perfection of the security interest --- are required to enforce the security against third parties such as a ...
[1] [2] The term is also used to denote the property which constitutes the security. [3] The pledge is a type of security interest. [4] [5] Pledge is the pignus of Roman law, from which most of the modern European-based law on the subject is derived, but is generally a feature of even the most basic legal systems. [3]