Understanding Security Interests Under the UCC: A Guide for Private Lenders
The article discusses the requirements for a valid security interest under the Uniform Commercial Code (UCC). A security interest is a interests in personal property or fixtures that secures payment or performance of an obligation. The security interest gives the secured party the right to take possession of the collateral if the debtor defaults. The UCC sets forth requirements for the creation and perfection of security interests. To create a security interest, the debtor must grant the secured party a security interest in the collateral. The debtor must also sign a security agreement that sets forth the terms of the security interest. The secured party must then file a financing statement with the appropriate government authority. The security interest is perfected when the debtor has granted the secured party a security interest in the collateral, the debtor has signed a security agreement, and the secured party has filed a financing statement.