What are the 3 types of security interests in real property?

Types of security interest “There are only four kinds of consensual security known to English law: (i) pledge; (ii) contractual lien; (iii) equitable charge and (iv) mortgage.

What is a UCC security interest?

This practice note discusses the requirements for the attachment and perfection of consensual security interests in personal property under Article 9 of the Uniform Commercial Code (UCC). A security interest is said to attach to collateral when it becomes a right that is enforceable against the debtor’s property.

What is an unperfected security interest?

Unperfected Security Interests: When one secured party has a perfected security interest in collateral and another secured party has an unperfected security interest in the same collateral, the perfected interest prevails. • Secured Party vs.

What is security interest in banking?

(q) ‘security interest’ means right, title and interest of every kind and nature over property created in favour of secured creditor including any mortgage, charge hypothecation, assignment, lien, grant, indenture of trust, trust receipt, transfer or conveyance executed as security for financial assistance granted or …

Is a security interest a property interest?

A security interest is an interest in property—real estate or otherwise—that secures repayment of a debt or performance of some other obligation. Under a security agreement, the debtor’s personal property (non-real estate) and intangibles, such as intellectual property, are often used as collateral.

Is a security interest an ownership interest?

A security interest is a form of property interest in real or personal property. It is given by the owner of the property to provide assurance to a third party that the property owner will perform an obligation or pay a debt. Often the money borrowed is used to purchase the property securing the loan.

Is a security interest a mortgage?

The most common real property security instru- ment is a mortgage, which can encumber any interest in real property that can legally be transferred (including, for example, absolute ownership, a tenant’s interest under a lease, or the interest that a beneficiary of an easement holds).

What is Article 9 security interest?

Article 9 regulates the creation of security interests, and the enforcement of those interests, in movable or intangible property and fixtures. It encompasses a wide variety of possessory liens and determines the legal right of ownership if a debtor does not meet their obligations.

Is an unperfected security interest valid?

While a security interest arose in respect of any goods supplied, it was not perfected because the purported registration in reliance upon an agreement for ongoing supply on the PPSR was invalid. Subject to that however, an unperfected security is still effective as between the parties to the security agreement.

When can a security interest be enforced?

When enforcement rights apply PPS laws give you rights to enforce a security interest. Even if your contract with the grantor says nothing about enforcement, these rights still apply. Generally you have the right to enforce your security interest[?] (e.g. repossess your goods) if the grantor defaults on the agreement.

What can you have a security interest in?

A security interest in many types of collateral, including “negotiable documents, goods, instruments, money, or tangible chattel paper,” may be perfected by the secured party possessing the collateral.

What is the difference between mortgage and security interest?

Mortgage and security interest are two similar terms, both referring to a collateral created in order to secure a debt by one party to the other. The basic difference is that mortgage is a traditional way of securing obligations under the common law, typically used in property transactions.

What is the legal definition of in rem?

Legal Definition of in rem : against or with respect to a thing (as a right, status, or interest in property) without reference to the persons involved when the Government is proceeding against property in rem — Austin v.

What is a security interest in real property?

Any type of property can be a security interest. The law divides property into two classes. Firstly, personal property. Secondly, real property. Real property consists of land. Anything affixed to that land is also real property. Personal property, also known as personalty, includes anything other than real property.

Does an action in rem result in a judgment in rem?

An action in rem does not necessarily result in a judgment in rem as the owner of the ship may enter a personal appearance and thus submit to the jurisdiction of the court. This is usually the case when the plaintiff threatens to arrest the res and the owner arranges for bail or other security to be given.

What is an Admiralty action in rem?

Proceedings in Admiralty Action in rem is a type of legal proceeding used to decide a property’s title, as well as the rights granted to parties listed in the title. When there is a dispute related to a property title and the rights related to the title, the court will use action in rem to resolve the dispute.