Exam 37: Secured Transactions and Suretyship

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Every consensual secured transaction involves:

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The creditor's rights against the principal debtor are determined by the contract between them.

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Which of the following is a type of collateral involving rights evidenced by indispensable paper?

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A buyer in the ordinary course of business takes collateral (other than farm products) free of any security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence.

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The right of a surety who has paid the creditor to be repaid by the principal debtor is:

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A car buyer in the ordinary course of business will take free and clear of a security interest created by any person who owned the automobile prior to the dealer.

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"Perfection" is required in order for the secured party to enforce rights against the debtor.

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The right of exoneration allows the surety to require the principal debtor to pay his obligation to the creditor.

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Elmer agreed to act as the conditional guarantor of collection on a debt of $50,000 that Fred owed to Gloria. Fred paid Elmer a premium to serve as surety. If Fred defaults on the debt, what are Gloria's rights against Elmer?

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"Attachment" occurs when a secured party gives value, the debtor has acquired rights in the collateral, and:

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Dr. Wells purchased a refrigerator for use in storing medications at his office. The refrigerator will be classified as:

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Article 9 of the UCC applies to a security interest without consent that arises by operation of law, such as a mechanic's lien.

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The surety does not have the right of contribution from cosureties.

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A defense that can only be asserted by the principal debtor is called a:

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Bill lends Harvey $1,500 and the loan is secured by Harvey's furniture. If Bill files a financing statement on January 30, 2012 how long will it be effective?

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A security interest is ineffective against the debtor until it "attaches."

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In states which have adopted certificate of title statutes for automobiles, trailers, mobile homes, and boats, perfection of a security interest must include both filing of a financing statement and notation on the certificate of title.

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What party(ies) is/are involved in a suretyship relationship?

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Under the Code, collateral is classified according to:

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A surety may set off his claims against the creditor if the creditor is solvent.

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