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East Mississippi Community College ECON 2123 Chapter 34-SECURED TRANSACTIONS IN PERSONAL PROPERTY TRUE/FALSE 1)A security interest gives a creditor more protection than is afforded by a right to sue on the debt
East Mississippi Community College
ECON 2123
Chapter 34-SECURED TRANSACTIONS IN PERSONAL PROPERTY
TRUE/FALSE
1)A security interest gives a creditor more protection than is afforded by a right to sue on the debt.
- A security interest is a property right that enables the creditor to take possession of the property if the debtor does not pay the amount owed.
- The property that is subject to the security interest is called collateral.
- In a security agreement, the creditor and the debtor agree that the creditor has a security interest.
- A security interest may be possessory or nonpossessory.
- A security agreement need not describe the collateral involved.
- In most cases, value, which allows attachment of a security interest, is any consideration that supports a simple contract.
- For a security interest to attach, the creditor must file a financing statement.
- A debtor has sufficient rights in the collateral for a security interest to attach only if the debtor owns the collateral.
- An after-acquired property clause in a consumer security agreement can cover only goods acquired by the debtor within thirty (30) days after the creditor gave value to the debtor.
- Consumer goods are classified into different categories based on the debtor's intended use, not the physical characteristics of the goods.
- Grund, a night club performer, financed the purchase of a drum set to be used in his night club act. The collateral is classified as a consumer good.
- A secured transaction covers proceeds from the collateral unless such interest is expressly excluded.
- When a security interest in property is inferior to other interests and claims to the property, it is said to be perfected.
- A security interest need only be attached, not perfected, if there are no competing claims for the collateral.
- Attachment provides creditors with rights.
- Perfection can occur merely by possession of the collateral by the creditor.
- Consumer goods are not subject to perfection of a security interest.
- A financing statement need not be filed in a public place.
- Under Revised UCC Article 9, a financing statement must be signed by the debtor.
- Under Revised UCC Article 9, a debtor may authorize a financing statement by acquiring the collateral that is subject to the security agreement.
- The steps in terminating a financing transaction upon full payment by the debtor include the preparation of a termination statement by the creditor and the presentation of the statement to the filing officer, who marks the record "terminated."
- If two creditors have a security interest in the same collateral, their priority is determined according to the “last in-first out” provision.
- UCC Article 9 makes a statutory lien for repairs or storage subordinate to a perfected security interest in the same collateral.
- Self-help repossession of collateral upon a buyer's default is contrary to public policy and never is allowed.
- Generally, a secured creditor who has repossessed collateral may retain the collateral and cancel the debt.
- Compulsory resale of collateral is not recognized by the Uniform Commercial Code.
- A debtor may redeem collateral at any time prior to the time that the secured party has disposed of the collateral or entered into a binding contract for resale by tendering the entire obligation that is owed plus any legal costs and expenses incurred by the secured party.
- Upon the debtor’s default, the creditor may sell the collateral at a public or private sale, or lease it to a third party.
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