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secured transactions

Secured party

A person in whose favor a security interest is created or provided for under a security agreement regardless of whether an obligation to be secured is outstanding;

Also, a person that holds an agricultural lien, a consignor, someone to whom accounts, chattel paper, payment intangibles or promissory notes have been sold.

Agricultural lien

An interest in farm products (such as wheat, corn, or soybeans or livestock)  that secures payment or performance of an obligation for goods, services, or rental on real property that an individual or organization leases in connection with farming operations. Such liens are covered by the Uniform Commercial Code, Article 9.

BIOCOB


In the law of secured transactions, refers to a buyer in the ordinary course of business.  In order to qualify as this the buyer must purchase particular goods in good faith, without knowledge that the sale violates another individual's rights in the goods, and the buyer must buy the goods in the ordinary course of business from someone who sells that particular type of goods.
 

Commingled goods

In the law of secured transactions, this refers to goods that physically united with other goods in a way that loses the identity of the original goods. Compare with accessions.

Possessory lien

Does not included security interests or agricultural liens.  An interest that secures payment or performance of an obligation either for services or materials that have been provided with regards to goods by someone in the ordinary course of business. Created by statute or other law. 
Value of this lien depends upon the individual's possession of the goods in question. 

Lien creditor

A creditor that has gained an interest in property by means of attachment, levy, or some similar manner.

See lien.

Perfection

Process through which a secured party gives notice to the world its security interest.  Accomplished through filing or taking possession or control of collateral.

Purchase-money collateral

Goods or software used for the purpose of securing a purchase-money obligation that a debtor incurs to buy goods.

Account

Definition

Within the context of secured transactions under Article 9 of the Uniform Commercial Code, this refers to a right to payment of a monetary obligation.  Not included:  (1) letters of credit, (2) commercial tort claims, (3) deposit accounts, (4) investment property, (5) chattel paper, or (6) rights to payment for money or funds that have been advanced or sold.

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