A bond that holds a defendant liable for a breach of the bond’s conditions (such as failure to appear in court), but that is not secured by a deposit of or lien on property. See RECOGNIZANCE. [Cases: Bail 40, 55. C.J.S. Bail; Release and Detention Pending Proceedings§§ 8, 93–95.]
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A creditor who has the right, on the debtor’s default, to proceed against collateral and apply it to the payment of the debt. UCC § 9-102(a)(72). — Also termed secured party.
A creditor who, upon giving credit, takes no rights against specific property of the debtor. — Also termed general creditor.
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secured creditor 有担保债权人 与无担保债权人〔unsecured creditor〕相对，指对债务人或第三人的特定财产享有抵押权或其他担保权利的债权人。有担保债权人在债务人不履行债务时，有权从担保财产中优先获得清偿；即使债务人或第三人发生破产，其亦享有优先受偿权。亦作「secured party」。
A claim held by a creditor who has a lien or a right of setoff against the debtor’s property. [Cases: Secured Transactions 1. C.J.S. Secured Transactions §§ 3, 7–9, 23, 37.]
secured transaction. A business arrangement by which a buyer or borrower gives collateral to the seller or lender to guarantee payment of an obligation. • Article 9 of the UCC deals with secured transactions. See SECURITY AGREEMENT . [Cases: Secured Transactions 1. C.J.S. Secured Transactions §§ 3, 7–9, 23, 37.]
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secured, adj. 1. (Of a debt or obligation) supported or backed by security or collateral. [Cases: Secured Transactions 2. C.J.S. Secured Transactions §§ 7, 9–10, 22, 27.] 2. (Of a creditor) protected by a pledge, mortgage, or other encumbrance of property that helps ensure financial soundness and confidence. See SECURITY. [Cases: Mortgages 22. C.J.S. Mortgages