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Question 1
In order to "perfect" its security interest, a PMSI holder must:
Correct
Incorrect!
Correct The law favors the ease of purchase money security interests (PMSI). The result of a PMSI interest is that, when lending money for the purchase of a specific product at the time of purchase, the lender need not make any filing as to the property (in the majority of states) in order to perfect its interest.
Incorrect! The law favors the ease of purchase money security interests (PMSI). The result of a PMSI interest is that, when lending money for the purchase of a specific product at the time of purchase, the lender need not make any filing as to the property (in the majority of states) in order to perfect its interest.
Correct
Incorrect!
Correct
Incorrect!
Question 2
JoeCo provides brooms to Janitorial Retailer, Inc. ShineTime, Inc. provides Janitorial Retailer, Inc. with the soap it uses to clean its own floors but does not sell to customers. Both JoeCo and ShineTime are secured lenders to Janitorial Retailer, and both have "after acquired" clauses in their contracts. In a dispute, __________ will have a preferred interest in the assets of Janitorial Retailer because:
Correct In some situations, lenders may choose to include an 'after acquired' clause in their lending agreements which allows the firm to take a security interest in all the property that the firm acquires after the time of the loan. In such situations, the party providing inventory will have a higher liquidation preference than a lender supplying only operating or other supplies.
Incorrect! In some situations, lenders may choose to include an 'after acquired' clause in their lending agreements which allows the firm to take a security interest in all the property that the firm acquires after the time of the loan. In such situations, the party providing inventory will have a higher liquidation preference than a lender supplying only operating or other supplies.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Tim is planning to make a loan to Shauna. Because of the size of the loan, Tim is requiring that Shauna offer up her prized collection of Pez Heads as collateral. In order to most quickly perfect his security interest, Tim would be advised to:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The easiest way for a lender to perfect his security interest is to take possession of the collateral. If possession is taken, then the lender need not file a financing statement or otherwise disclose his interest.
Incorrect! The easiest way for a lender to perfect his security interest is to take possession of the collateral. If possession is taken, then the lender need not file a financing statement or otherwise disclose his interest.
Question 4
Ultimately, the primary goal of "secured transaction" law is to:
Correct
Incorrect!
Correct Secured transactions and the defining of creditors' rights are best described as a notice system which operates to announce to any potential future investor that the first lender has existing rights in a piece of collateral. While the law does describe a process of seniority in the event of various subsequent loans and lending activity, this goal is secondary to the fact that the system is designed to alert lenders to the problems before such contests arise.
Incorrect! Secured transactions and the defining of creditors' rights are best described as a notice system which operates to announce to any potential future investor that the first lender has existing rights in a piece of collateral. While the law does describe a process of seniority in the event of various subsequent loans and lending activity, this goal is secondary to the fact that the system is designed to alert lenders to the problems before such contests arise.