REG Study Group October November 2013 - Page 32

Viewing 15 replies - 466 through 480 (of 3,212 total)
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  • #479698
    Kenada
    Member

    I will agree with Cupcake. I would have picked C for the same reason. The Local Bank had the Security agreement signed on Jan 8th which is before National Bank that did it on Jan 14th.

    FAR 05/27/14; 786/110 - Done !

    #479686
    Qlad
    Member

    @ Cupcake, insiyah…

    I gave that answer too and it was wrong…they say the answer is A. bcoz the priority goes to the creditor who first file or perfected, even if perfection not complete upon filing. …

    Alas… this is one of those many questions that gives me sleepless nights…

    FAR 72,71,81 πŸ™‚
    AUD 64,71, 72, 75 πŸ™‚ I'm done !!!
    REG 73, 74, 74, 84 πŸ™‚
    BEC 76 πŸ™‚

    #479700
    Qlad
    Member

    @ Cupcake, insiyah…

    I gave that answer too and it was wrong…they say the answer is A. bcoz the priority goes to the creditor who first file or perfected, even if perfection not complete upon filing. …

    Alas… this is one of those many questions that gives me sleepless nights…

    FAR 72,71,81 πŸ™‚
    AUD 64,71, 72, 75 πŸ™‚ I'm done !!!
    REG 73, 74, 74, 84 πŸ™‚
    BEC 76 πŸ™‚

    #479687
    Kenada
    Member

    Sigh…. i hate this part of REG!!! LOL You are not alone Qlad.

    FAR 05/27/14; 786/110 - Done !

    #479702
    Kenada
    Member

    Sigh…. i hate this part of REG!!! LOL You are not alone Qlad.

    FAR 05/27/14; 786/110 - Done !

    #479689
    Anonymous
    Inactive

    Ughh πŸ™ Really? So perfection doesn't have to have occurred but attachment does? I am trying to look this up in Wiley and don't see anything helpful.

    #479704
    Anonymous
    Inactive

    Ughh πŸ™ Really? So perfection doesn't have to have occurred but attachment does? I am trying to look this up in Wiley and don't see anything helpful.

    #479691
    Anonymous
    Inactive

    my initial answer was A. but upon reading the comments it scared me and it seemed reasonable that you guys picked C.

    my original thought process was that it doesn't matter who filed a security agreement first, as long as there was one. and in the wiley book it didn't really mention whether which one has to occur first, as long as a security agreement was made and whoever filed the first perfection has the right unless it falls under the exception of noninventory(20days), or inventory(notice to debtor, other creditors and filed before the debtor has possession).

    in this case, the ‘property' was neither inventory nor noninventory and it is safe to deduce that the person(National Bank) perfected first, prevails

    #479706
    Anonymous
    Inactive

    my initial answer was A. but upon reading the comments it scared me and it seemed reasonable that you guys picked C.

    my original thought process was that it doesn't matter who filed a security agreement first, as long as there was one. and in the wiley book it didn't really mention whether which one has to occur first, as long as a security agreement was made and whoever filed the first perfection has the right unless it falls under the exception of noninventory(20days), or inventory(notice to debtor, other creditors and filed before the debtor has possession).

    in this case, the ‘property' was neither inventory nor noninventory and it is safe to deduce that the person(National Bank) perfected first, prevails

    #479693
    Kenada
    Member

    Thank you Derf πŸ™‚

    FAR 05/27/14; 786/110 - Done !

    #479708
    Kenada
    Member

    Thank you Derf πŸ™‚

    FAR 05/27/14; 786/110 - Done !

    #479695
    stoleway
    Participant

    I found the the follwing information online and I thought it could be useful for you guys.

    b) Perfection by Possession of Collateral

    i) Tangible goods

    ii) Chattel paper

    iii) Negotiable instruments

    c) Perfection by Control (investment property, deposit accounts, electronic chattel paper, letters of credit)

    d) Automatic Perfection

    i) PMSI in consumer goods

    ii) PMSI is (1) money lent to the debtor to buy the actual collateral or (2) seller financing

    iii) Consumer goods: personal, family, or household use

    Priority Rules

    i) Between unperfected secured parties: first to attach

    ii) Between perfected and unperfected: perfected secured party wins

    iii) Between two perfected secured creditors: first to file or perfect

    iv) Purchase Money Security Interests have superpriority

    REG -63β”‚ 84!!
    BEC- 59β”‚70β”‚ 71 β”‚78!
    AUD- 75!
    FAR- 87!

    Mass-CPA

    #479710
    stoleway
    Participant

    I found the the follwing information online and I thought it could be useful for you guys.

    b) Perfection by Possession of Collateral

    i) Tangible goods

    ii) Chattel paper

    iii) Negotiable instruments

    c) Perfection by Control (investment property, deposit accounts, electronic chattel paper, letters of credit)

    d) Automatic Perfection

    i) PMSI in consumer goods

    ii) PMSI is (1) money lent to the debtor to buy the actual collateral or (2) seller financing

    iii) Consumer goods: personal, family, or household use

    Priority Rules

    i) Between unperfected secured parties: first to attach

    ii) Between perfected and unperfected: perfected secured party wins

    iii) Between two perfected secured creditors: first to file or perfect

    iv) Purchase Money Security Interests have superpriority

    REG -63β”‚ 84!!
    BEC- 59β”‚70β”‚ 71 β”‚78!
    AUD- 75!
    FAR- 87!

    Mass-CPA

    #479697
    Anonymous
    Inactive

    Thanks stoleway. Okay this is my last attempt to understand this and I am moving on. This is what I don't understand. On Wiley 2013 pages 264-265, it says that “only an attached security interest can be perfected”. Then it says for attachment to occur, one of the requirements is “a valid security agreement, unless security has a pledge”. If the guy hasn't signed the security agreement until Jan 14, to me it isn't valid on Jan 5 (pg. 265 also says the debtor's signature is required on security agreement) . Therefore, it couldn't have attached and thus could not have been perfected. What am I missing!??

    #479712
    Anonymous
    Inactive

    Thanks stoleway. Okay this is my last attempt to understand this and I am moving on. This is what I don't understand. On Wiley 2013 pages 264-265, it says that “only an attached security interest can be perfected”. Then it says for attachment to occur, one of the requirements is “a valid security agreement, unless security has a pledge”. If the guy hasn't signed the security agreement until Jan 14, to me it isn't valid on Jan 5 (pg. 265 also says the debtor's signature is required on security agreement) . Therefore, it couldn't have attached and thus could not have been perfected. What am I missing!??

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