What is UCC 9-109?

Last updated on August 16, 2023

Our product recommendations are made independently, but we may earn affiliate commissions if you use a link on this page.

The UCC is a set of laws designed to govern commercial transactions in the United States. Many articles exist in the code, each with information governing a different aspect of a business. One law is UCC 9-109, but not every seller knows what this section covers.

UCC 9-109 defines what is considered personal versus real property in the eyes of the law during a bankruptcy proceeding. It also specifies what part of the property a business can have a vested interest in if a lien or other form of loan is taken out on the property, especially if multiple parties are involved.

If you’re curious about UCC 9-109, you’ve come to the right place. It’s critical to know about various UCC laws if you’re going to be executing commercial transitions, are seeking a business law degree, or are buying goods as a commercial company. Read on to learn more about this section of the Uniform Commercial Code.

What is UCC 9-109?

UCC 9-109 serves as directions and definitions which govern the rest of section 9 of the universal code. This section is full of legal jargon and difficult to understand without a law degree. If you need section 9-109 further explained to you, it is a good idea to seek legal counsel.

This section is extremely long, as it has several aspects which refer to other parts of the UCC. Find the full text of this UCC here.

What Does UCC 9-109 Mean for Individuals?

UCC 9-109 has significance for individuals in the context of secured transactions, particularly when they're involved in borrowing or lending situations where collateral is used to secure a loan or credit. Here's what it generally means for individuals:

Priority of Security Interests

UCC 9-109 deals with the priority of conflicting security interests. This means that if multiple parties have a claim to the same collateral because the debtor has multiple loans secured by the same property, this provision determines which party has the first right to the collateral in case of default or bankruptcy.

This section was designed in order to eliminate complicated legal battles in court in the case of business bankruptcy.

Protection for Lenders

For individuals who are lenders, UCC 9-109 helps establish their rights and position in case the borrower defaults on the loan. It provides a framework for lenders to secure their interests and maximize their chances of recovering the owed amount through the collateral.

Basically, if you default on a lien, UCC 9-109 specifies what your debtor can collect for the purposes of fulfilling your debt.

Collateral Positioning

If an individual is borrowing money and pledging collateral, UCC 9-109 affects the order in which creditors would be paid back from the collateral's proceeds in the event of default. The individual should be aware of how their collateral ranks against other creditors' claims.

This is more for companies and banks that loan money, but because the order of repayment is outlined in UCC 9-109, businesses should be aware of which order they can expect to be paid, especially if the property of interest already has other liens in place.

Creditworthiness and Loan Terms

Individuals seeking loans might find that lenders take into account the complexities of UCC 9-109 when deciding on loan terms, interest rates, and the type of collateral required. Borrowers might need to understand how their collateral will be treated in the event of a default.

What is a Secured Transaction?

As mentioned above, UCC 9-109 governs secured transactions. A secured transaction is any transaction between parties that involves physical collateral. The main examples of this are real estate or vehicle loans, which include homes or cars as collateral for the loan.

Because a secured transaction is any transaction with collateral, most individuals, not just businesses, will find themselves needing to know about UCC 9-109 at some point in their lives, especially if they plan to mortgage a home with a second mortgage.

In summary, it's important to note that the specific implications of UCC 9-109 can vary based on the laws of the individual's jurisdiction and the particular circumstances of the transaction. Individuals engaging in secured transactions should carefully read and understand the terms of their agreements and, if there is something they don’t understand, seek legal counsel.

Reference Legal Explanations

If you use any of the definitions, information, or data presented on Legal Explanations, please copy the link or reference below to properly credit us as the reference source. Thank you!