Attachment
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.
On this page:
Writing Template
Note: Once attachment occurs, the creditor becomes a secured party and has rights against the debtor. Attachment refers to the creditor’s lien attaching to the collateral. The attachment is typically immediate unless the parties expressly agree to postpone it.
Issue
I: The issue is whether a security interest attached to the collateral.
Analysis
R: A security interest attaches to collateral when (1) the secured party gives value, (2) the debtor has rights in the collateral, and (3) the debtor either (a) authenticates a security agreement that reasonably describes the collateral or (b) the secured party takes possession of the collateral under an agreement.
1. Gives Value
R: The secured party gives value when they (1) extend credit to the debtor, (2) provides consideration that is sufficient to support a simple contract, (3) accept delivery of the collateral under a pre-existing contract of purchase, or (4) acquire a security interest to secure payment, in total or partial satisfaction of, a pre-existing claim.
A: Here, [apply rule to facts].
C: Therefore, the secured party [gave/did not give] value.
2. Debtor has Rights
R: The debtor’s rights in the collateral may include either full ownership or a lesser interest, such as the right to possess or use the collateral. The debtor must have a legitimate interest in the property sufficient to grant a security interest to the secured party.
A: Here, [apply rule to facts].
C: Therefore, the debtor [had/did not have] an interest in the collateral.
3. Authentication or Possession
R: The security agreement must be (1) authenticated by the debtor or (2) the secured party must take possession of the collateral. (1) Authentication occurs when (a) the security agreement is evidenced by a record, which can be a tangible or electronic form, and is retrievable in a perceivable format, (b) the agreement includes a description of the collateral that reasonably identifies it, and (c) the debtor authenticates the agreement by signing or using another symbol executed or adopted with the intent to authenticate the record. Alternatively, (2) the secured party can meet this requirement by taking possession of the collateral or exercising control over it.
A: Here, [apply rule to facts].
C: Therefore, [the debtor authenticated a security agreement/the secured party obtained possession of the collateral].
Conclusion
C: Therefore, a security interest attached to [list collateral to which security interest attached], while a security interest did not attached to [list collateral to which security interest did not attach].
The template above is provided as a free sample. Get access to all templates by logging in or signing up.
More templates are in development! With a subscription, you will get (1) immediate access to all restricted templates that are displayed, providing a robust foundation for your legal writing needs; and (2) ongoing updates as new templates are released, expanding your resources over time.
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.
Questions or comments? Reach out at [email protected].