A Security Agreement Need Not Describe The Collateral Involved

The borrower may have limited options to provide guarantees that would satisfy lenders. Even if a security agreement grants only a partial security interest to the property, lenders may be reluctant to offer financing for the property. The possibility of cross-protection would remain, which would require the liquidation of the property to attempt to release its value and compensate the lenders. What was wrong with the facts of Ace Lumber which, in the Tribunal`s view, would have rendered the safety interest applicable under the old section 9? Explain your answer. To determine the adequacy of security descriptions in a security agreement, other rules apply to a funding list. A security agreement creates the interest of security and makes it applicable between the insured party and the debtor. A UCC-1 funding statement does not create a security interest or change its scope; it only makes the interest of security known to third parties. Given the different objectives of security agreements and funding declarations, the UCC presents stricter standards for safety descriptions in security agreements than in funding statements. A valid security contract, executed by the owner of the security and the insured party, creates an interest in security. Such a security agreement guarantees the security of the insured party, which makes the interest of security applicable to the owner. The validity of a security interest increases or falls within the language of the security contract. However, even for this type of guarantee, such participation is not guaranteed.

In Re Nightway Transp. Co. rejected the recognition of a right of guarantee in the receivables acquired where the debtor`s activity did not involve a rapid turnover of the receivables (and had no claims at the time of the execution of the guarantee contract).16 Therefore, a security description that does not contain an acquired asset clause could be interpreted to exclude the property acquired by the debtor after the execution of the guarantee contract). , also real estate such as inventory and accounts, which often change rapidly. The installation is a critical process for entering into safety agreements and obtaining security interests. It is only in accordance with the requirements of the seizure that the creditor becomes an insured party. To obtain a seizure, the following obligations must be met: if additional information about equipment is provided, the courts can also forgive small errors in serial numbers, including with respect to funding statements. In Bishop v.

Alliance Banking Company, the court attributed a three-digit error in a serial number indicated in a funding statement, with the funding statement correctly characterizing the equipment as “1999 Case Backhoe 580L.” 7 The Tribunal justified this decision by the fact that sufficient information had been provided to identify the security and subsequent investigations, and that a researcher could have detected the error by asking the debtor how many diggers of this model and this year belonged to him, by calling the bank to determine whether the bank was asserting interest in this shovel or by calling the manufacturer (who could have told him that the serial number is not valid).