There are three conditions for input: (1) The secure part gives value; 2. the debtor has rights to security or the power to delegate rights to the insured party; 3. The parties have a security agreement that has been “authenticated” (signed) by the debtor or creditor has possession of the collateral. To create an enforceable guarantee interest, the lender and borrower must enter into an agreement setting the interest rates and the lender must take steps to ensure that the interest in the guarantee is first knotted and then refined. There are three general requirements for seizure: (1) There must be a compliant agreement (or the collateral must be physically held by the lender), (2) the lender must have given value, and (3) the debtor must have certain rights to the security right. Once the interest is tied, the lender has rights to the collateral that are greater than those of unsecured creditors. But others can overcome his interest if he does not perfect the interest of security. The three usual ways to do this are (1) filing a financing statement, (2) pledging guarantees, and (3) supporting a purchase money security interest (PMSI) for consumer goods. Creditors want assurances that they will be reimbursed by the debtor.
An oral promise of payment is not a guarantee at all, and since it is oral, it is difficult to prove. A loan for signatureA loan for which no guarantee is mortgaged. is only a written promise of the debtor of repayment, but the creditor who holds a voucher only with a loan at signature – while he can sue a defaulting debtor – will not receive anything if the debtor is insolvent. It`s also not a security at all. The true security for the creditor exists in two forms: in agreement with the debtor or under the law without agreement. Certain transactions are excluded from the notification. The most important category of exempt guarantees is that covered by national legislation on the certificate of ownership. For example, many states require automobile owners to receive a certificate of ownership from the National Motor Vehicle Office.
Most of these states provide that it is not necessary to file a declaration of financing to perfect a security interest in an automobile. The reason for this is that the legislation on motor vehicles requires the indication of safety interests on the title, so that any person who tries to buy a car that has aroused an interest in safety is informed upon receipt of the certificate of title itself. Single Commercial Code, § 9-303. While most parties prefer to perfect a backup interest by filing Form UCC-1, it is also possible to achieve perfection if the secured party has the guarantees. Exception: ownership does not apply to intangible assets, such as for example. B receivables. Since many debtors prefer to continue to use or hold collateral, this approach is not common. In the event of recovery of a broken loan, the insured party must behave in an “economically reasonable” manner. Essentially, this means that the insured party must terminate the debtor`s confiscation. . .