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When there are two secured parties claiming security interest in the same collateral, the creditor that is perfected (having filed a financing statement) will have priority over the interests of an unsecured creditor or unperfected secured party

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Q: What happens when two secured parties claim security interests in the same collateral?
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What is a Collateral Contract?

A collateral contract is a contract which assigns the rights and/or obligations of an existing contract to a third party. Due to the doctrine of "privacy of contract" only those parties mentioned in a contract have rights and obligations and it is illegal to assign these rights and obligations to third parties without the consent of the other parties to the main contract. Collateral contracts overcome the privacy of contract doctrine. Collateral contracts are used in the construction industry to make a direct contractual relationship between clients and sub-contractors. In the collateral contract the client will promise to pay the sub-contractor for the works that the main contractor promised the client to undertake. This collateral contract comes in handy when the main contractor goes insolvent or has late payments or, more importantly, when the subcontractor's performance is substandard.


What happens when you are a co-owner of a vehicle that was used as collateral for a loan by one of the parties and also had a co-signer?

""co-owner of a vehicle"" means you are listed on the TITLE and just that. ""collateral for a loan by one of the parties and also had a co-signer"" IF you are not on the loan, then you are not responsible for paying it. The signor and co-signor will have to pay the loan. However, IF you want/need the car, you may wind up paying the loan just to get the car. Otherwise, you lost your car if it gets repoed.


What is the security of bond?

is the legal document excuted and seal by which parties entering into it bind themselves to bay a special amount of money


What is the conceptual meaning of bank's duty of secrecy?

* where disclosure is under compulsion of law; * where there is a duty to the public to disclose; * where the interests of the bank require disclosure; and where the disclosure is made by the express or implied consent of the parties


How is escrow involved in the buying or selling of a home?

An escrow is a third party that oversees the transaction of buying or selling a home. Essentially it ensures that the transaction happens smoothly and both parties are satisfied.

Related questions

In what ways are interest groups both similar and different from political parties?

Interest groups, like political parties, are centered on individuals with similar interests. Political parties, however, have much more public influence and are not necessarily about sharing interests as they are promoting those who share certain interests.


In what ways are interest groups both similar to and different from political parties?

Interest groups, like political parties, are centered on individuals with similar interests. Political parties, however, have much more public influence and are not necessarily about sharing interests as they are promoting those who share certain interests.


Political parties are expected to serve the interests of what?

all voters


Substitution of Collateral and Release Consent?

Substitution of Collateral and Release Consent(Download)_____________________, referred to as OWNER, and ______________________, referred to as SECURED PARTY, agree:OWNER is indebted to SECURED PARTY pursuant to a note dated, _______________________, in the original principal amount of $_________ (___________________________ & _____/100 dollars); with a present total interest and principal balance of $_______ (___________________________ & _____/100 dollars), and a security agreement dated ______________________ and has pledged as security for the note the following:________________________________________________________________The DEBTOR has requested that SECURED PARTY release ___________________________________ as collateral for the obligation, but, that ________________________________ be pledged as new collateral for the obligation. Accordingly, SECURED PARTY releases ____________________________________ as collateral for the obligation, and upon request of the DEBTOR shall execute such releases, UCC financing statement releases or other documents reasonably requested by the DEBTOR.In all respects ________________________________ shall be subject to the terms and conditions of the security agreement between the parties dated ______________________. All other terms and conditions of the note and security agreement shall remain in full force and effect.Dated: ______________________________________________________________________________________, OWNER_________________________________________________________________, SECURED PARTYSubstitution of Collateral and Release ConsentReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. This substitution of collateral document is a standard form to replace collateral due to a need by the debtor to sell the collateral.1. Make multiple copies. Give one copy to each party. Keep copies in the related files.


What is a Collateral Contract?

A collateral contract is a contract which assigns the rights and/or obligations of an existing contract to a third party. Due to the doctrine of "privacy of contract" only those parties mentioned in a contract have rights and obligations and it is illegal to assign these rights and obligations to third parties without the consent of the other parties to the main contract. Collateral contracts overcome the privacy of contract doctrine. Collateral contracts are used in the construction industry to make a direct contractual relationship between clients and sub-contractors. In the collateral contract the client will promise to pay the sub-contractor for the works that the main contractor promised the client to undertake. This collateral contract comes in handy when the main contractor goes insolvent or has late payments or, more importantly, when the subcontractor's performance is substandard.


What happens when you are a co-owner of a vehicle that was used as collateral for a loan by one of the parties and also had a co-signer?

""co-owner of a vehicle"" means you are listed on the TITLE and just that. ""collateral for a loan by one of the parties and also had a co-signer"" IF you are not on the loan, then you are not responsible for paying it. The signor and co-signor will have to pay the loan. However, IF you want/need the car, you may wind up paying the loan just to get the car. Otherwise, you lost your car if it gets repoed.


The two-party system in America leads to the creation of political parties that are broad coalitions of interests. This demonstrates the party function of?

aggregating interests


Do political parties in the US tend to represent sectional interests?

Monkey Ball Sacks


Interests groups are like political parties because both are formed for purpose?

A political


Which of these is true regarding political parties in the United States?

Parties provide a voice for people with common political interests


Without your two great political parties cutting across economic and geographic interests democracy as you it could never have been made to function the author of this statement probably meant to?

The political parties in the united states tend to represent sectional interests .


Why are multiparty systems often unstable?

Because so many parties have different interests that are comperting for.