Perfection Maintenance: Debtor Relocation

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether perfection of the security interest was maintained.

Analysis

R: When the debtor relocates to a different state the secured party must file a new financing statement in the debtor’s new state of residence within four months. If the secured party fails to file in the new state within this timeframe, the security interest becomes unperfected with respect to all collateral (both existing and future), and the secured party loses its priority in the collateral after the four-month period. The security interest remains perfected during the four-month grace period, but unperfected thereafter if no action is taken.

A: Here, [apply rule to facts].

C: Therefore, the secured party [filed/did not file] in the new state properly.

Conclusion

C: Therefore, the perfection of the security interest [was/was not] maintained.

Usage Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

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