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United States Law of Debt Secured
In the case of real estate, the most common form
of secured debt is the lien. Liens may either be voluntarily created, as with a
mortgage, or involuntarily created, such as a mechanics lien. A mortgage may
only be created with the express consent of the title owner, without regard to
other facts of the situation. In contrast, the primary condition required to
create a mechanics lien is that real estate is somehow improved through the work
or materials provided by the person filing a mechanics lien. Although the rules
are complex, consent of the title owner to the mechanics lien itself is not
required.
In the case of personal property, the most common procedure for securing the
debt is described through the Uniform Commercial Code or UCC. This statute
provides a system of forms and public filing of documents by which the
creditor's interest in the property is made known.
In the event that the underlying debt is not properly paid, the creditor may
decide to foreclose the interest in order to take the property. Generally, the
law that allows the secured debt to be made also provides a procedure whereby
the property will be sold at public auction, or through some other means of
sale. The law commonly also provides a right of redemption, whereby a debtor may
arrange for late payment of the debt but keep the property.
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