Security Agreements: Getting Down to Brass Tacks
Without a security agreement, it is improbable that individuals or businesses would be able to borrow much money, for interest rates would be prohibitively high. Security agreements allow for the free flow of credit and capital by assuring lenders that they will be repaid on the loans they make.
When a lender makes a loan or extends credit to a borrower, the borrower makes a formal promise to repay this loan or else make the lender whole again by giving some sort of collateral in exchange for the loan. The borrower creates an interest in his collateral to guarantee that he will repay the lender. The document that memorializes this understanding is the security agreement. Incidentally, security agreements may be oral, but in such cases, the lender must be in possession of the borrower’s collateral.
Read full post...