Keep in mind the Secured Party must be a fiction?

by | Apr 22, 2008 | Q&A | 0 comments

Q: When completing a UCC/PPSA Financing Statement (FS) keep in mind that the Secured Party (SP) must be a fiction/Straw man because only fictions can function in commerce. So the SP claims the Straw man Debtor (SD). Then the SD signs over to the SP, for which you, the living soul, are the agent, everything it owns via a private contract called a Security Agreement (SA).


A: I have a problem with the above statement – typically or normally that is the government line in regard to the filing, the inherent problem if that is the case is how can your SP as a strawman file against itself the straw man. Make sense? It is true however that you need a SA to do a filing otherwise you would not have a [legal or ethical] justification to do so.

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