Foundational Concepts & Principles Flashcards
7 cards from real CARS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Foundational Concepts & Principles flashcards as text
Under UCC Article 9, a purchase money security interest (PMSI) in consumer goods is significant because it:
Answer: Is automatically perfected without filing a financing statement
A PMSI in consumer goods is automatically perfected under UCC 9-309 without filing, meaning the creditor's interest is protected from the moment of attachment.
A repossession agent who discovers personal property of the debtor inside a repossessed vehicle should generally:
Answer: Inventory and preserve the personal property and notify the debtor of retrieval procedures
Best practice and many state laws require agents to inventory debtor personal property, secure it, and inform the debtor how to retrieve it.
The concept of 'perfection' of a security interest under UCC Article 9 primarily protects the secured party against:
Answer: Competing creditors and a bankruptcy trustee claiming priority over the collateral
Perfection establishes the secured party's priority against other creditors and a bankruptcy trustee who might otherwise claim the collateral.
If a debtor hides collateral to prevent repossession, the creditor's most appropriate legal remedy is typically to:
Answer: Seek a writ of replevin from a court to compel return of the collateral
A writ of replevin is a judicial order compelling the return of wrongfully withheld personal property to the party entitled to possess it.
Which of the following is an example of 'commingling' that could create legal issues in asset recovery?
Answer: Mixing recovered funds from different creditor accounts into a single operating account
Commingling occurs when client funds are mixed with the agent's own operating funds, creating accounting and fiduciary liability issues.
The term 'assignment' in asset recovery most commonly refers to:
Answer: The transfer of a repossession order from a creditor to a recovery agent
In recovery, an assignment is the creditor's or servicer's instruction directing a recovery agent to repossess specific collateral.
A creditor must comply with the 'Holder in Due Course' doctrine primarily when:
Answer: A retail installment contract is sold to a subsequent purchaser
The Holder in Due Course doctrine applies when negotiable instruments or retail installment contracts are transferred, affecting which claims the debtor can raise against the new creditor.