Simple English definitions for legal terms
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Term: Perfection
Definition: When someone lends money to another person and takes something valuable as collateral, they want to make sure that if the borrower doesn't pay them back, they can take the collateral and sell it to get their money back. To make sure everyone knows that they have a right to the collateral, the lender has to do something called "perfection." This means they have to either file some paperwork or physically take possession of the collateral to show everyone that it belongs to them.
Perfection
Perfection is the process by which a lender or secured party notifies the public of their security interest in a particular asset or property. This is done by either filing a notice with the appropriate government agency or taking physical possession or control of the collateral.
For example, if a person takes out a loan to buy a car, the lender will want to perfect their security interest in the car. This means that they will file a notice with the Department of Motor Vehicles (DMV) indicating that they have a lien on the car. If the borrower defaults on the loan, the lender can repossess the car and sell it to recover their money.
Another example would be if a business takes out a loan and uses their inventory as collateral. The lender may require the business to physically deliver the inventory to a warehouse controlled by the lender. This gives the lender control over the inventory and ensures that they can recover their money if the business defaults on the loan.
Perfection is an important step in securing a loan or other financial transaction. By notifying the public of their security interest, the lender can protect their investment and ensure that they can recover their money if the borrower defaults. Filing a notice with a government agency or taking physical possession of collateral are both effective ways to perfect a security interest.