Does UCC cover secured transactions?
Article 9 of the Uniform Commercial Code (UCC), as adopted by all fifty states, generally governs secured transactions where security interests are taken in personal property. It regulates creation and enforcement of security interests in movable property, intangible property, and fixtures.
What does a secured transaction include?
Generally, a secured transaction is a loan or a credit transaction in which the lender acquires a security interest in collateral owned by the borrower and is entitled to foreclose on or repossess the collateral in the event of the borrower’s default.
What is the point of a secured transaction?
Purpose of secured transactions
A security interest promotes economic security because it provides the lender with the promise of repayment: if the borrower defaults on the loan, the lender should be able to recoup the loan amount by taking the agreed-upon asset used as collateral and selling it.
What do you mean by secured transaction?
A secured transaction is a transaction in which a security interest is created. A security interest exists when there is collateral that guarantees a loan will be repaid. The lender has the security interest.
Can you file a UCC-1 without a security agreement?
It should be noted that UCC financing statements filed now generally do not contain a grant of the security interest and generally are not signed or otherwise authenticated by the Debtor and therefore would not satisfy the requirement of a security agreement.
What is the most common type of secured transaction?
Secured transactions come in many forms, but three types are most common for consumers: pledges, chattel mortgages, and conditional sales. A pledge is the delivery of goods to the secured party as security for a debt or the performance of an act. For example, assume that one person has borrowed $500 from another.
What is the difference between a secured and unsecured transaction?
Unsecured debt has no collateral backing. Lenders issue funds in an unsecured loan based solely on the borrower’s creditworthiness and promise to repay. Secured debts are those for which the borrower puts up some asset as surety or collateral for the loan.
How is a secured transaction created?
Secured Transaction Law: an overview
A security interest arises when, in exchange for a loan, a borrower agrees in a security agreement that the lender (the secured party) may take specified collateral owned by the borrower if he or she should default on the loan.
What are future advances secured transactions?
A future advances clause anticipates that the secured party may extend additional credit to the debtor after the first loan.  If that occurs, the security interest relates back to the original transaction. This provides the benefits priority among creditors.
In which of the following types of secured transactions is the debtor allowed to retain possession of the collateral property?
Repossession: A secured party can take possession of the collateral and either (i) retain it for satisfaction of the debt, or (ii) resell it and apply the sale proceeds to the debt remaining.
How do you authenticate a security agreement?
For purposes of attachment, the debtor must “authenticate” a security agreement. In other words, the debtor must sign the agreement.
The UCC specifies what must be contained in a financing statement:
- the name of the debtor.
- the name of the secured party; and.
- an indication of the collateral.