A person wants property but does not have money – needs to become a debtor.
Options available to potential creditor: 1. Refusal
A person wants property but does not have money – needs to become a debtor. Options available to potential creditor: 1. Refusal 2. Obtain promise to repay
A person wants property but does not have money – needs to become a debtor. Options available to potential creditor: 1. Refusal 2. Obtain promise to repay 3. Obtain surety
A person wants property but does not have money – needs to become a debtor. Options available to potential creditor: 1. Refusal 2. Obtain promise to repay 3. Obtain surety 4. Obtain collateral
1. Collateralized transaction in personal property or fixtures
a. Property debtor owns
1. Collateralized transaction in personal property or fixtures a. Property debtor owns b. Property to be acquired with the loan (purchase-money security interest or PMSI)
1. Collateralized transaction in personal property or fixtures a. Property debtor owns b. Property to be acquired with the loan (purchase-money security interest or PMSI) c. After-acquired property
1. Collateralized transaction in personal property or fixtures 2. Sales of receivables
1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors
1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors a. Value $1,000 or more
1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors a. Value $1,000 or more b. Not consumer goods
1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors a. Value $1,000 or more b. Not consumer goods c. Potentially deceptive consignee
1. Collateralized transaction in personal property or fixtures 2. Sales of receivables 3. Consignments which could deceive creditors 4. Lease-purchase arrangements
Rights governed by U.S. federal law
Real property (except fixtures)
Rights governed by U.S. federal law Real property (except fixtures) Tort claims (except commercial tort claims)
Rights governed by U.S. federal law Real property (except fixtures) Tort claims (except commercial tort claims) Deposit accounts in consumer transactions
Rights governed by U.S. federal law Real property (except fixtures) Tort claims (except commercial tort claims) Deposit accounts in consumer transactions Statutory liens
Rights governed by U.S. federal law Real property (except fixtures) Tort claims (except commercial tort claims) Deposit accounts in consumer transactions Statutory liens Wage assignments
Goods – moveable items and fixtures
Consumer Goods
Equipment
Inventory
Farm Products -- crops
Farm Products -- livestock
Instruments – notes, drafts, checks, CDs
Documents – Warehouse receipt
Documents – Bill of lading
Chattel Paper (1) Monetary Obligation plus (2) Security interest in or lease of goods
Account Right to money for Goods sold or leased or Services rendered Not evidenced by an instrument or chattel paper.
Deposit Account – checking or savings account
Investment Property
Commercial Tort Claims
General Intangibles
1. Creditor gives value
2.Security agreement (contract)
1. Creditor gives value 2.Security agreement (contract) a. Oral (the pledge) – only if collateral in creditor’s possesion
1. Creditor gives value 2.Security agreement (contract) a. Oral b. Authenticated record which describes collateral
1. Creditor gives value 2.Security agreement (contract) a. Oral b. Authenticated record which describes collateral c. Control
1. Creditor gives value 2.Security agreement (contract) 3. Debtor has rights in the collateral