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Question
Milt borrowed $200 from Anne. He promised to pay the money back in two weeks. As a showing of his good faith, he agreed verbally that Anne could take possession of his baseball card collection and keep it until he had repaid the loan in full. The next day, after Anne had the baseball card collection in her possession, Orin heard that Milt was in need of money. Knowing that Milt's baseball card collection could be worth a great deal of money in a few years, Orin offered to purchase the collection from Milt for $150. Milt accepted the offer, took Orin's money, and promised to retrieve the collection from Anne and deliver it to Orin the next day. Anne, however, refused to give up possession of the collection until she was paid in full. Both Milt and Orin now take the position that Anne has no rights in and to the collection because she does not have a signed security agreement and she has not filed a financing statement. Which of the following statements is true?
A. Milt and Orin are correct in their arguments.
B. Anne's security interest is not attached in the absence of a written security agreement even though she maintained possession of the baseball card collection.
C. Anne's possession of the collection satisfies the perfection requirement because it puts a third party like Orin on notice of Anne's interest in the property.
D. Anne's failure to file a public notice rejects the perfection of the agreement even though she is in possession of the collateral.
Answer
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