|
| Example 1: Behnfeldt borrows money and grants a security interest | in her Miata to secure the debt. Behnfeldt is a debtor and an | obligor. |
|
| | Example 2: Behnfeldt borrows money and grants a security | interest in her Miata to secure the debt. Bruno co-signs a | negotiable note as maker. As before, Behnfeldt is the debtor and | an obligor. As an accommodation party (see Section 3-419), Bruno | is a secondary obligor. Bruno has this status even if the note | states that her obligation is a primary obligation and that she | waives all suretyship defenses. |
|
| | Example 3: Behnfeldt borrows money on an unsecured basis. | Bruno co-signs the note and grants a security interest in her | Honda to secure her obligation. Inasmuch as Behnfeldt does not | have a property interest in the Honda, Behnfeldt is not a debtor. | Having granted the security interest, Bruno is the debtor. | Because Behnfeldt is a principal obligor, she is not a secondary | obligor. Whatever the outcome of enforcement of the security | interest against the Honda or Bruno's secondary obligation, Bruno | will look to Behnfeldt for her losses. The enforcement will not | affect Behnfeldt's aggregate obligations. |
|
| | When the principal obligor (borrower) and the secondary | obligor (surety) each has granted a security interest in | different collateral, the status of each is determined by the | collateral involved. |
|
| | Example 4: Behnfeldt borrows money and grants a security | interest in her Miata to secure the debt. Bruno co-signs the | note and grants a security interest in her Honda to secure her | obligation. When the secured party enforces the security | interest in Behnfeldt's Miata, Behnfeldt is the debtor, and Bruno | is a secondary obligor. When the secured party enforces the | security interest in the Honda, Bruno is the "debtor." As in | Example 3, Behnfeldt is an obligor, but not a secondary obligor. |
|
| b. "Secured Party." The secured party is the person in | whose favor the security interest has been created, as | determined by reference to the security agreement. This | definition controls, among other things, which person has | the duties and potential liability that Part 6 imposes upon | a secured party. The definition of "secured party" also | includes a "consignee," a person to which accounts, chattel | paper, payment intangibles, or promissory notes have been | sold, and the holder of an agricultural lien. |
|
| | The definition of "secured party" clarifies the status of | various types of representatives. Consider, for example, a |
|
|