Also known as: secure · secured · securitas · securities · securitizable · securitization · securitize · securitizer · securitizations · securitized · security interest · secured transaction · securities law · asset-backed security
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A device by which real or personal property is pledged to secure payment of a debt or performance of an obligation. The holder of the security interest may foreclose or enforce the interest upon default to satisfy the underlying obligation.
A device by which real or personal property is pledged to secure payment of a debt or performance of an obligation. The holder of the security interest may foreclose or enforce the interest upon default to satisfy the underlying obligation.
Select any source to read its text and confirm it supports the definition.
Freedom from unreasonable governmental intrusion into persons, houses, papers, and effects. The protection requires probable cause and particularity before a warrant may issue.
Select any source to read its text and confirm it supports the definition.
An instrument that evidences the holder's ownership rights in a firm, creditor relationship with a firm or government, or other rights arising from an investment in a common enterprise.
Select any source to read its text and confirm it supports the definition.
Freedom from unreasonable governmental intrusion into persons, houses, papers, and effects. The protection requires probable cause and particularity before a warrant may issue.
An instrument that evidences the holder's ownership rights in a firm, creditor relationship with a firm or government, or other rights arising from an investment in a common enterprise.
Each sense below has its own examples, sources, and questions.
Stonehaven Properties conveyed title to a trustee under a deed of trust to secure repayment of a loan from Spectrum Financial. Stonehaven retained possession and the equity of redemption. When Stonehaven defaulted, Spectrum initiated foreclosure to satisfy the debt.
Sabrina Shah consulted outside counsel to determine whether her disclosure of client information would comply with professional conduct rules. The consultation was undertaken solely to secure legal advice about the lawyer's own compliance obligations.
Samantha Stone deliberately crossed onto Sierra Solutions' fenced lot to inspect equipment without permission. The intentional entry subjected Stone to liability for trespass even though no physical damage occurred to the land or any protected interest.
The mortgage must secure a valid underlying obligation, which may be existing or future. If the obligation is void or discharged, the mortgage may be extinguished.
Supporting sources
Disclosure is permitted when the lawyer seeks advice about the lawyer's own compliance with the Rules of Professional Conduct.
Supporting sources
Officers entered Sofia Stern's residence without a warrant or consent and seized documents. The intrusion violated the right to be secure against unreasonable searches because no probable cause determination or particular description had been made by a neutral magistrate.
It guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Warrants require probable cause supported by oath and particular description of the place and items.
Supporting sources
Seth Shapiro pried open the locked closet inside Serena Soto's home and removed jewelry from inside. The entry into the separately secured closet satisfied the breaking element even though the outer door had been left unlocked. Prosecutors charged burglary because the force reached a distinct secured portion of the dwelling.
Sebastian Santos entered Silverline Industries' warehouse at night intending to steal equipment. The premises were not open to the public and Santos lacked any license or privilege to enter. The entry with criminal purpose established burglary under the statute.
Yes. The breaking must reach the structure itself or a separately secured portion such as a locked closet or wall safe. Breaking into a box or trunk located within the dwelling does not qualify.
Supporting sources
…appear to be threatened by the continuation of her pregnancy, and that she could not afford to travel to another jurisdiction to secure a legal abortion. She sought a declaratory judgment that the Texas abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the…