Commercial Paper + Secured Transactions

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Can you name the Obscure Rules from Commercial Paper/Secured Transactions?

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QuestionAnswerExtra Notes
'Perfection' is attained when: 1)Secured party ___ ___ of collateral; 2) Automatic perfection for a __ in consumer goods; secured party __ ___ of the sec interest in the public re
Secured creditor who takes as collateral a security interest 'in all Debtor's X (inventory eg) whether now held or hereafter acquired' is called an the now held or hereafter acquired clause= acter acquired collateral clause and gives rise to an aacf
Warranty 4 that runs with the instrument: D promises that there is no defense or claim good against the D meaning that the instrument is _________when a D indorses a check to another person
In what order does each creditor have the claim to the same collateralEach claimant entitled to Satisfaction in Full before next suboordinate claimant can take anything
Lack of Consideration, unconscionability, waiver, estoppel, fraud in the inducement are all examples of _________ defensesAll are ineffective against Holder in due course
'Fraud in the Factum' means lies about ONLY the _______ itself. Lies to induce the holder not about the instrument are personal and thus ineffective against HIDC
Debtor's right to redeem in collateral is cut off once the SP has _______ the collateral or completed a _____ ______.*To redeem, debtor has to fufill debt and pay interest and expenses inc attorney's fees
'Without Recourse' accompanying a signature means that the signator has passed title but has no signature _________
Filing a financing statement is done with the Sec of State in state where ______ is located, which is the state where she has her ______ ______. EXCEPTION: if the collateral is timber, minerals or fixtures file locally!
To strictly foreclose and the collateral is consumer goods, secured party must send _____ to the ______(and any secondary obligors who are just guarantors of the debt)
When a Defendant indorses a check, _______ run with the instrument
When a negotiable instrument is duly negotiated to a holder in due course, he takes the intrument free of all _____, free of ______ ______, and subject only to ______ _____
To strictly foreclose and collateral is NOT consumer goods, notice is sent to ______ and other _____ _____ who have told SP of their security interest in collateral, as well as ___
Strict Foreclosure: When secured party retains the collateral in _____ _____ of the ______
AACF vs PMSI and collateral is INVENTORY; To achieve first priorty PMSI must properly _____ BEFORE debtor takes possession AND must _____ the AACF (bank) BEFORE debtor takes possesRationale is to prevent Debtor Fraud
If the instrument has been improperly transferred, the transferee cannot qualify as a _____ ___ ___ ______
Strict foreclosure will not be allowed if any of the notified parties objects within _____ days
Lender who doesn't bother to take collateral called a:
Security Agreement must be ________ by debtor and it must reasonably ______ the collateralsigned or electronically marked for security agreement
Shelter Rule provides that the transferee acquirers whatever _______ that her ______ hadEven if transferee is a mere donee she can be a holder in due course so long as transferor was
If defendant didn't indorse the check then only the _______ _______ may sue the D.
Warranty 1 that runs with instrument: D promises that the P has _____ _____ to the instrumenti.e when a D indorses a check to another person
Warranty 5 that runs with the instrument: D promises that she has no knowledge of any ______ or ______ action against the maker or drawerwhen a D indorses a check to another person
If maker was negligent, he is _______ from raising material alteration as a defense.
'After acquired collateral clauses' enforceable?
An Article 9 creditor who succeeds in attaining perfection is called a
QuestionAnswerExtra Notes
Superior Ownership claim over the instrument held by a Holder in Due Course, the ________ wins.
Once SP has taken collateral, he may sell it provided that every aspect of the sale is _____ ______ and prior to the sale ______ _____ must be sent to the debtorif public sale, notice must state time and place, and if nonconsumer transaction, 10 days or more advance notice of the sale is reasonable
AACF vs PMSI and collateral is EQUIPMENT; To get first priority over AACF, PMSI must properly ______ within ___ _____ after debtor takes possession of the good in question
Self help repossesor may not entor debtor's home without ________ and _________ consent
'Duly Negotiated' means that there has been a proper ______ of the instrument.
After a debtor defaults, self-help repossession is permissible so long as Creditor does not _____ ____ ____, which occurs when the secured party's action are likely to ______ _____not relevant if actual fight broke out, but whether it was likely to happen
General unsecured creditor who gets a judicial lien is called a:
Any condition in the intstrument makes it a contract and thus _____ ________
Someone who obtains an enforceable security interest but either neglects or fails to properly perfect it is called:
A writing stating 'pay to Bill' without more is NOT negotiable bc it doesn't contain the words _____ or ______ (Or assigns works too)
Holder in Due Course is someone who takes the instrument: _____ _____ and in _____ _____ and _____ ______ that its overdue, or subject to any defense or claim.
Holder in due course is subject to all real defenses which are: MADFIFI4
If HIDC had _____ ____ _____ that instrument was dishonored, overdue or subject to a claim then he will be deemed to have notice.THUS in this circumstance he wont be a holder in due course
Negotiable instrument: a __; payable to _ or bearer; __ by the maker or drawer; for a __ certain; containing an ____ ____ & no addtl ones; payable on _____ and payable in _______ WOSSUPP
Self help repossessor who misuses the color of law has used _____ _____ and thus has breached the peace
Under Art 9, what takes priority: person who filed first or the person who attached first? it is the person who _______ first
A security interest that enables the debtor to purchase goods is called a ______ _____ ______ ______
Someone who purchases collateral from a merchant's inventory is called a
If collateral IS consumer goods and debtor has paid 60% strict foreclosure is ____ _____. Instead, the SP must sell the collateral within ____ _____Failure to sell within that time makes SP liable in conversion!
Proper filing (via perfection) puts the world of potential creditors on _____ or ______ notice of the filer's claim
A repossession made OVER ANY PROTEST by the debtor constitutes a ____ of the _______
Judicial writ ordering sheriff to obtain possession of collateral and deliver it to secured party is called a
Warranty 3 that runs with the instrument: D promises that the instrument has not been _______ ______when a D indorses a check to another person
buyer who purchases collateral outside ordinary course of business is called a
Warranty 2 that runs with the instrument: D promises that all signatures are ______ and _______when a D indorses a check to another person
3 requirements for Attachment:1) _____ must be given by the creditor; 2) ______ called the 'security agreement'; Debtor must have ______ in the collateralVCR

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