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Secured Transactions

Secured Transactions Attack Outline (UCC Article 9)

Introduction

  • MD adopted UCC Article 9 for security interests (SI).
  • Key Issues: Collateral categories, attachment, PMSI rights, perfection methods.

I. Scope of Article 9

  • Applies to consensual security interests in personalty or fixtures.
  • If collateral is real estate, apply law of mortgages.

A. Personalty (Goods)

  • Only applies to voluntary/consensual collateralizations; not statutory or mechanics liens.

B. Encumbered Collateral & Article 9 "Cast of Characters"

  • Debtor: Entity owing money.
  • Secured Party (Creditor): Entity lending money.
  • Security Agreement: Contract or record.
  • Security Interest (SI): Creditor's right in debtor's personalty or fixtures.
  • Collateral: Personalty or fixtures creditor can use for debt s
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