Legal Definition Security Interest In Utah
A security interest is defined as "an interest in personal property or fixtures which secures payment or performance of an obligation," Utah Code Ann. 70A-1-201(37)(a) (Supp. 2000), and a security agreement is any "agreement which creates or provides for a security interest," id. 70A-9-105(1)(n) (Supp. 2000).
Additionally, "except as otherwise provided by this act a security agreement is effective according to its terms between the parties, against purchasers of the collateral and against creditors." Id. 70A-9-201 (1997).
However, a security interest is not enforceable against a debtor or a third party unless the security interest has attached. See id. 70A-9-203(1) (1997).
In order to attach, the debtor must have signed a security agreement containing a description of the collateral and, in the case of crops, a description of the land concerned.
See id. 70A-9-203(1)(a). Attachment also requires that value has been given and that the debtor has rights in the collateral. See id.
Once all these requirements have been met, the security interest attaches, it is enforceable against the debtor and third parties, see id. 70A-9-203(2), and the secured party is automatically given a security interest in the proceeds as well, see id. 70A-9-203(3), -306(2), (3) (1997).